July 2, 2009

Ten People Killed in Catastrophic Oklahoma Trucking Accident

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.

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June 26, 2009

Woman and Daughter Injured in Crash when Tractor-Trailer Failed to Yield

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.

June 19, 2009

Missouri Pedestrian 200 Feet from Road Struck by Overturned Big Rig When Driver Failed to Stop

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.

June 4, 2009

Truck Driver Runs Light, Severely Injures Illinois Woman

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.

May 20, 2009

State Where Trucking Accident Lawsuit Is Heard Will Determine Whether Family Can Recover Damages

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.

May 1, 2009

Four-Vehicle Southern Illinois Semi Truck Accident Kills One Trucker, Injures Another

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.

April 23, 2009

Truck Overturns and Catches Fire in Semi Truck Crash on I-70 Near Columbia

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.

April 17, 2009

Trucker Criminally Charged in Massive St. Louis Semi Truck Accident That Claimed Three Lives

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.

April 6, 2009

Charges May Be Brought in Semi Truck Accident that Killed Construction Worker

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.

April 3, 2009

Liquid Nitrogen Tanker Truck Involved in Single Vehicle Southern Illinois Truck Accident

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.

March 27, 2009

Trucker Acquitted in Fatal Poplar Street Bridge Accident While New Trucking Accident Happens on Same Bridge

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.

March 13, 2009

Hazmat Spill After Missouri Truck Crash Closes Highway Near Springfield

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.

February 27, 2009

Trucking Company Sues State for Failure to Salt Road -- Missouri Trucking Accident Attorney

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.

February 18, 2009

Dropped Fire Hose Causes Pileup on Interstate 64 -- Southern Illinois Truck Accident Lawyer

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.

February 13, 2009

Truck Driver Sentenced for Role in Deaths of Teenager, Other Trucker -- Southern Illinois Trucking Accident Attorney

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.

February 9, 2009

Western Missouri Semi Truck Accident Takes Two Lives -- St. Louis Trucking Accident Lawyer

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.

January 28, 2009

Train Collides with Garbage Truck in Southern Illinois -- Missouri Traffic Accident Law Firm

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.

January 26, 2009

Tractor trailer kills motorist in Warren County, Missouri Accident--Missouri Truck Accident Lawyer

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.

January 22, 2009

Cell Phone May Have Distracted Semi Driver in Massive St. Louis Trucking Accident -- Missouri Truck Accident Lawyer

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.

January 14, 2009

Truck Driver Admits Cell Phone Distraction Before Crash--Missouri Truck Accident Lawyer

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.

December 28, 2008

Missouri Truck Crash Sends Two to Hospital -- St. Louis 18-Wheeler Accident Law Firm

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.

December 24, 2008

Dump Truck's Flying Tire Injures Man-- Missouri Semi Accident Lawyer

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.

December 19, 2008

Southern Illinois Trucking Accident Causes Train Derailment -- St. Louis Semi Truck Accident Attorney

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.

October 26, 2008

Missouri Truck Accidents are down in 2007

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.

October 26, 2008

Wrongful Death Suit Filed Regarding Fatal Truck Crash Involving VH-1 Truck Driver

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.

September 29, 2008

Truck Driver Falls Asleep, Kills Two Students

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.

September 18, 2008

Truck Driver Fatigue Blamed for Five Deaths

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.

September 5, 2008

Truck Hauling Unstable Payload Triggers Highway Shutdown

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.

July 16, 2008

Semi Barrels into Cars on St. Louis, Missouri Highway

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.

July 3, 2008

Trucking Firm Head Faces Charges

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.

June 25, 2008

Hi-Tech Devices in Truck Crash Cases Mined for Information

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.

June 13, 2008

Trucker Sentenced to Prison for Falling Asleep, Killing 7 Kids

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.

June 11, 2008

Trucker Charged with DUI

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.

May 29, 2008

Illinois Trucker Dies in Crash

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.

May 29, 2008

Missouri Trucker Found Guilty of Manslaughter in Truck Accident

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.

May 26, 2008

Trucking Company Involved in Accident Broke Safety Rules

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.

May 19, 2008

Semi Truck Overturns--Trucker Killed

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.

May 14, 2008

Trucker Swipes State Trooper

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.

May 5, 2008

Truck Drivers Reckless Conduct Paved Way for Punitive Damages

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.

May 4, 2008

Illinois Truck driver killed on I-70 in Chain Reaction Crash

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.

April 28, 2008

Chicago Truck Crash kills Two and Injuries Twenty One People

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.

April 13, 2008

Southern Illinois' Deadliest Roads

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

According to the article titled “Countless lives changed forever,” more than 200 people have been killed in the past decade on Southern Illinois’ deadliest highways. More than half of the fatal accidents involved another vehicle.

Law enforcement officials told reporters Adam Testa and Scott Fitzgerald that excessive speed, sleepiness and inattentiveness on the part of the driver often played a role in the accidents.

As the series points out, mistakes like these can lead to tragedy. The lawyers of The Lowe Law Firm are experienced in helping families injured by motor vehicle accidents. We will seek compensation for past and future medical expenses, past and future wages, pain and suffering, disability and other damages. We also represent family members in wrongful death cases.

We offer a free initial consultation for accident victims. If you cannot make it to our office, we will come to you in the hospital or visit you in your home. We have offices in Belleville Illinois and St. Louis Missouri and appointments can be made at either office.

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

April 4, 2008

Judge Sentences Truck Driver to 4 Years in Prison

An Illinois truck driver whose semi slammed into the back of a tour bus killing eight women was sentenced to four years in prison last Thursday.

On Oct. 1, 2003, Vincente Zepeda’s 76,000-pound semi slammed into the back of a 25-passenger tour bus near a toll plaza. Eight of the Chicago-area women on the bus were killed. Another 15 people were injured in the chain-reaction crash that involved five vehicles.

Zepeda, 54, was charged with eight counts of reckless homicide. Prosecutors alleged his inattention and excessive speed caused the accident. Last year, he was found guilty of the charges. On April 3, McHenry County Circuit Judge Sharon Prather sentenced Zapeda to 4 years on eight counts of reckless homicide as well as 2 years, to be served concurrently, for failing to maintain his vehicle.

According to the Daily Herald, Prather said, “A prison sentence is necessary to deter others from committing the same conduct.”

I hope that this sentence sends a message to the trucking industry. Speeding in a poorly maintained semi cost eight women their lives. A prison term that amounts to six months for each life lost is hardly a fair trade-off for the victims’ families.

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

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

Visit our Truck-Accident Information Center.

April 3, 2008

Two St, Louis Women Die in Illinois Truck-Car Crash

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

The accident occurred on eastbound Interstate 55-70, just before Interstate 64 splits heading east. State Police said the driver entered I-55-70 in Illinois from the St. Clair Avenue ramp and was drove across several interstate lanes, and was believed to be heading east on I-64, when the collision occurred. Traffic from that St. Clair ramp in Illinois should only go east on I-55-70, according to the police.

The dead were identified as Katrenia Travis, 29, and Sharae' Williams, 30, both from the St. Louis area. A passenger, Gloria Hampton, 24, also from St. Louis, was listed in critical condition at Barnes-Jewish Hospital.

The driver, Okiechia Travis, 22, was reported in stable condition at a St. Louis hospital. She was among three occupants of the Chevrolet Lumina who were thrown from the vehicle. Katrenia Travis, who remained trapped in the car, was pronounced dead at the scene; Williams was pronounced dead three hours later.

The truck smashed into the Lumina's passenger side. "It was a T-bone side impact situation," said State Police Sgt. Chris Trame.

The truck driver was not injured and was not held, police said. An investigation continues into the actions of the driver of the car, a spokesman said.

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

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

Visit our Truck-Accident Information Center.

March 24, 2008

Three Children in Missouri Die after Semi Rear-Ends Car

A semi tractor trailer rear ended a car killing three young girls last week. The semi rammed into the back of a car that had stopped for highway construction.

The accident occurred on U.S. 63 in Phelps County, Mo. The girls, 11-year-old Christel Miess, five-year-old Gracey Miess and their infant sister Gaberielle Miess were riding in the back seat of a Ford Tempo. Mark Barton, 38, was driving the car and the girls’ mother, Christina Miess, was also in the car.

According to the Highway Patrol, the crash occurred at 3 pm. The three girls were pronounced dead at the scene of the accident. The Associated Press reported that all three were wearing safety devices at the time of the accident.

Barton and the girls’ mother were taken to area hospitals. The driver of the tractor trailer, 38-year-old Alvin Lewis, was not seriously injured in the collision.

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

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

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

Visit our Truck-Accident Information Center.

March 18, 2008

Dump Truck and Semi Involved in Head-On Crash In Missouri

In Springfield Missouri a dump truck and tractor-trailer were involved in an early morning collision that left one man dead, according to the Missouri State Highway Patrol.

The accident occurred at about 5:15 am on March 18, five miles north of Springfield, Mo. A Missouri Department of Transportation dump truck driven by Springfield resident Joshua Slatten, 21, was headed northbound on U.S. 65. The dump truck crashed nearly head-on into a southbound tractor-trailer driven by 32-year-old Robert Christian of De Soto, Mo.

Slatten was pronounced dead at the scene of the accident. Christian was taken to St. John’s Hospital in Springfield with moderate injuries, the Springfield News-Leader reports.

The investigation into the cause of the accident is ongoing.

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

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

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

Visit our Truck-Accident Information Center.

March 6, 2008

Truck Crash-Fatigue May Have Played a Role in Trucker's Impalement

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

The accident happened on March 4 south of Indianapolis on Interstate 65. Elvin Stanley, a 47-year-old truck driver from Chicago, left the road around 1 am. The truck went down an embankment, hit some trees then drove through a fence. One of the fence posts crashed through the truck’s windshield and impaled Stanley.

State police believe driver fatigue may have been a factor.

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

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

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

Visit our Truck-Accident Information Center.

March 6, 2008

Three in Illinois Killed in Crash Caused by Truck Driver who Fell Asleep

A truck driver who allegedly fell asleep while behind the wheel is to blame for causing a crash that killed three people, the Rockford Register Star reports.

The accident occurred on Dec. 27. William Hinds was driving a tractor trailer on Interstate 3 when he fell asleep at the wheel. His truck failed to slow for a construction zone and slammed into the back of a Ford Explorer. The truck then plowed into a vehicle driven by a couple from Florida, Donald W. Rautio, 67 and his 65-year-old wife, Faye. The Rautio’s car then hit a Ford Taurus driven by Caryn J. Casey, 21. The Taurus and the semitrailer burst into flames.

The Rautios and Casey were killed in the accident that involved seven vehicles.

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

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

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

Visit our Truck-Accident Information Center.

February 13, 2008

Lawsuit filed against two trucking companies and their drivers

St. Louis – A lawsuit arising from a chain-reaction accident on Interstate 70 in Indiana that injured two motorists has been filed in Wayne County Circuit Court in Indiana.

On Tuesday, Nov. 15, 2005, around 9:25 p.m., Giacamo Amari, 42, and his son Jonathan Ghahary, 21, were traveling in a car headed east on I-70 near Richmond, Ind. It had been raining, and the highway was wet. A tractor-trailer owned by Salt Lake City-based C.R. England and driven by Kenneth Williams was westbound on I-70 when it allegedly hydroplaned, veered off the highway, crossed the median and drove into oncoming traffic.

Amari swerved to avoid a collision. Their car spun clockwise into the left lane of eastbound highway and ended up sideways. A tractor-trailer owned by Lincoln, Neb.-based Crete Carrier Corp. and driven by Richard Isaacs, eastbound in the left lane, broadsided the car.

Amari and Ghahary were seriously injured in the crash. Amari suffered cervical-spine injuries that required multiple surgeries and also sustained a closed-head injury and postconcussion syndrome. Ghahary suffered a herniated lumbar disc in his spine.

Jeffrey J. Lowe of The Lowe Law Firm filed a personal injury suit on behalf of the motorists in December 2007 against the trucking companies and their drivers. It alleges that the truck drivers were traveling too fast for the wet conditions and that they failed to keep a careful lookout. As a result, the C.R. England truck driver lost control of his semi and the Crete Carrier truck driver was unable to take evasive action to avoid the crash.

“Truck drivers speed on slick roads because of the financial pressures to quickly deliver their loads. Unfortunately, that haste leads to crashes, and it is usually the careful motorist who ends up paying the price,” Lowe said.

Headquartered in St. Louis, The Lowe Law Firm represents clients nationwide in trucking accident, catastrophic injury, mass tort, and class action litigation cases nationwide. For more information, contact Jeffrey J. Lowe at 314-678-3400 or e-mail jeff@jefflowepc.com.

January 21, 2008

Trucker Driver Under the Influence of Cocaine and Marijuana Who Hit State Trooper Sentanced to Jail Time

The truck driver, who tested positive for marijuana and cocaine. According to his log books, the truck driver had not taken off enough time from driving before the accident occurred. The truck driver who struck and injured the state trooper during a traffic stop was sentenced by a Minnesota judge to nine months in jail last week, the St. Cloud Times reports.

At last week’s sentencing, the state trooper who was seriously and permanently injured as a result of the truck drivers gross negligence, urged the District Court to sentence the truck driver to the maximum time allowed for a felony charge of vehicular injury and driving under the influence -- a year and a day. “He was driving a loaded gun down the highway, an 80,000-pound gun that he had loaded,” the prosecutor told the court. The court sentenced the truck driver to nine months -- the amount of time the trooper was out of work because of his injuries plus an extra 90 days.

The crash occurred on June 5, 2007. when made a traffic stop on Interstate 94 for a possible illegal window tint. He heard the semi trailer barreling toward him as he inspected the vehicle. Unable to get out of the way, he was struck by the truck. The state tropper spent three days in the hospital and had a steel support rod inserted into his leg.

Accident reconstruction revealed that the trooper would have been visible to the truck driver about a half mile before the crash. The road conditions and driver visibility that day were also good. After the accident the truck driver admitted he had fallen asleep. The driver pleaded guilty to the charges.

As this case shows, sleepy drivers using illegal drugs continue to be hazard for the driving public. The trooper who nearly lost his life got it right when he called the 80,000 pound truck a “loaded gun.” This case also underscores the importance of reconstructing the accident very soon after the crash in order to accurately assess responsibility.

January 15, 2008

Missouri Truck Accident Closes I-70

An accident in Missouri involving a semi truck closed a portion of Interstate 70 to traffic Sunday night according to Missouri State Highway Patrol. Interstate 70 was closed for about two hours while officials worked to clear the roadway.

The accident occurred when a 2007 Mazda was blocking both westbound lanes of the interstate. The truck swerved to avoid another vehicle, striking the front of the Mazda and skidded off the left side of the road, slamming through the bridge rail. The truck came to rest in a creek bed, but was still resting on its wheels. The truck was driver from Nashville, Tenn, had moderate injuries and was taken by ambulance to Truman Medical Center. The driver of the car from was not injured.

January 13, 2008

Winning Truck Accident Cases--The Key is to Find Violations of Federal Motor Carrier Regulations

Tractor trailer accidents involve complex issues and require knowledge of Federal Regulations applicable to trucking companies. In order to win you need to prove that the truck driver or trucking company was negligent. Negligence is defined as the truck driver's failure to use reasonable care that a careful and prudent truck driver would use in the same or similar circumstances.

Trucks that carry goods between states are regulated by the Federal Motor Carrier Safety Administration which promulgates regulations that truck drivers and trucking companies are required to follow. You can make a convincing case of negligence to a jury if you can prove not only that the truck driver was negligent in the manner her drove his the truck, but also if he violated one of the many federal regulations governing the conduct of truck drivers.

One of the most common violations what is known as the hours of service regulations. The hours of service regulations only apply to property carriers and drivers. Under the current hours of service regulations:

* Drivers may drive up to 11 hours instead of 10 hours, but are limited to 14 hours in a duty period.

* The 14-hour duty period may not be extended with off-duty time for meal and fuel stops, etc. Only the use of a sleeper berth can extend the 14-hour on-duty period.

* Each duty period must begin with at least ten hours off-duty, rather than eight.

* The 60 hours on-duty in 7 consecutive days, or 70 hours on-duty in 8 consecutive days, remains the same, but drivers can “restart” the 7/8- day period by taking at least 34 consecutive hours off-duty.

Sleeper Berth Exception: Drivers may split on-duty time by using sleeper berth periods, but must comply with the new hours-of-service rules. These drivers may accumulate the equivalent of 10 consecutive hours off-duty by taking a combination of at least 10 consecutive hours off-duty and sleeper berth time; or by taking 2 periods of rest in the sleeper berth, provided:

* Neither period is less than 2 hour;

* Driving time in the period immediately before and after each rest period when added together does not exceed 11 hours; and

* The driver does not drive after the 14th hour after coming on duty following 10 hours off-duty, where the 14th hour is calculated by: (A) Excluding any sleeper berth period of at least 2 hours which, when added to a subsequent sleeper berth period, totals at least 10 hours; and (B) Including all on-duty time, all off-duty time not spent in the sleeper berth, all sleeper berth periods of less than 2 hours, and any sleeper berth period not described in paragraph 3(A).

When a truck accident occurs the first thing an experienced truck accident attorney will do is have an investigator go to the scene to make sure physical evidence such as skid marks, locations of debris is preserved and inspect and photograph the vehicles invalid so the cause of the accident can be reconstructed by an accident reconstructionist. Once that is done a letter should be sent to the trucking company requesting that any black box data be preserved, as well as GPS data and the truck drivers logs be preserved along with any electronic logs maintained by the trucking company. With this information you once a law suit is filed you will have the information necessary to prove whether the truck driver violated the hours of service regulations, whether the driver falsified his logs but putting done times he rested when the electronic data proves he was actually driving and whether the trucking company was purposely ignoring these false entries.

One of the key to winning any case tried to a jury is to get the jury to side with your client. If you can show not only that the truck driver was negligent in the operation of his truck but also that he falsified his log book and his employer knew it, the jury is more likely to award a large verdict, or the insurance company will pay more to settle the case. That is why you are involved in a trucking accident, you should hire an experienced trucking accident lawyer like Jeff Lowe of the Lowe Law Firm. We work on a contingency basis and only charge you a fee if we recover for you. We also advance all expenses and only recover them if we win for you.

January 7, 2008

Missouri Bridge Rebuilt After Tanker Truck Crash

In Jefferson City Missouri, crews worked night and day for five weeks, even through an ice storm, to reopen a bridge that was destroyed in a fiery tanker truck crash, the Associated Press reports.

The bridge had to be torn down, redesigned and then rebuilt after the Nov. 27 accident on U.S. 54 that killed the driver of a Western Oil tanker truck that overturned and exploded.

The bridge plays a vital role in Jefferson City. It links motorists to several schools and churches and is part of an important route for emergency vehicles. Therefore, the Missouri Department of Transportation opted to award an emergency contract and build in the winter. That meant costs jumped from $800,000 to $1.3 million.

When a tanker truck hauls flammables, safety is paramount. This crash destroyed a bridge. If another car had been involved, it doubtful the motorists would have emerged from the accident uninjured.

January 2, 2008

18 Wheeler Speeding in Illinois Construction Zone Kills Three

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

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

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

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

December 7, 2007

Fatal Truck Crash Results in $36.3 million Verdict

A tractor-trailer owned by Swift Transportation in April 2004 killing the driver of a Suburban when the truck driver drove 65 mph across three sets of rumble strips which were designed to warn of an approaching stop sign, and then ran the stop sign. Under Federal Regulations all truck drivers and trucking companies are required to keep a log of the number of hours the truck driver has driven to comply with the Federal Hours of Service Regulations. During the discovery phase of this case, the trucking company claimed it could not locate the driver logs .Under the rules of evidence call the adverse inference rule of evidence, this raised the inference that the driver was fatigued. Driver fatigue is the cause of many truck accidents

At trial, the truck driver did not have an explanation why he failed to slow down. The jury apparently apparently did not believe the trucking company regarding why it could not produce the driver logs, and it awarded $23.1 million in compensatory damages and $13.5 million in punitive damages.

This shows when selecting a personal injury lawyer who handles trucking accident cases, it pays to have a lawyer who is knowledgeable about trucking regualtions and asks to right interrogatories and request for production of documents to the trucking company. This discovery should always ask for the truckers logs, any downloads from the truck's black box if it has one as well as GPS readings that the trucking company maintained. Also you should always investigate the possibility that the trucking company was negligent in hiring the driver. That is why you should always investigate the drivers past employment and driving record.


If you need an experienced trucking accident lawyer, contact Jeff Lowe at the Lowe Law Firm, 877-678-3400.

November 29, 2007

Illinois Tractor Trailer Driver who Crashed Into Tour Bus Killing Eight on Trial for Eight Counts of Reckless Homicide

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

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

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

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

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

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

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


October 31, 2007

Truck Accident Wrongful Death Case Results in $19.2 Million Damages Verdict

A tractor trailer that rear ended a car resulted in a $19.2 million jury verdict. The force of the collision threw the car into the path of an oncoming cement truck, which slammed into the victim’s vehicle. The driver died from his injuries at the scene.

After the collision, the driver of the truck tested positive for high levels of cocaine and marijuana. The man’s family brought suit in Illinois, because the truck company was negligent for allowing the driver behind the wheel when he was clearly unfit to drive.

This case shows the tactics some truck companies will go to avoid compensating victims. After the victim’s family filed suit in Illinois, the trucking company stated under oath that it only had a limited amount of insurance. It turned out that the trucking company had more insurance coverage than they had admitted. There was actually $50,000,000 of insurance coverage available.

At trial, the trucking company fought to keep the jury from hearing evidence of its driver’s drug use, but the judge allowed the drug use into evidence. At the end of the trial, the jury found the truck driver and trucking company were 100% responsible for the collision. The jury awarded the victim’s family $18.2 million for the deceased man's lost future earnings and the loss of the his companionship. The jury awarded an additional $1 million for the man’s suffering before he died at the scene of the wreck.

This case shows that you need to retain an attorney experienced in handling trucking accidents. All commercial truck drivers are required after accident to have drug test. It is important to make sure the evidence is saved. An experienced attorney who handles trucking accidents knows to look for all possible insurance. The possible insurance coverage includes the driver who caused the accident, the company employing the truck driver, the company whose trailer is being hauled, and any leasing company or employer employing anyone involved int eh accident even if they claim it is only an independent contractor relationship.

If you are looking for a free consultation, call or Jeffrey J. Lowe at 877-678-3400 or e-mail him at jeff@jefflowepc.com. Also visit his website at www.jefflowepc.com.

October 9, 2007

Columbia Missouri-Tractor Trailer Crash on Interstate 70 Results in Death of Florida Woman

A truck crash on Interstate 70 in Columbia Missouri killed two persons in a car when a tractor trailer carrying mail rear-ended the car and caused the vehicle to catch fire.

Authorities said a tractor-trailer carrying mail under contract with the U.S. Postal Service was traveling eastbound on I-70 at 3:30 a.m. when it struck the back end of a car just west of the Stadium Boulevard exit. The car caught fire, and the truck went off the roadway and struck an embankment. "The driver of the truck was identified as Jim Marchesi, 51, of Junction City, Kan., who was not injured, police said.

The response from the Columbia Fire Department included a "foam truck" that delivers large quantities of firefighting foam. Columbia fire fighters also called for a water tanker from the Boone County Fire Protection District because of the size of the fire. Firefighters arriving at the scene found the car covered in flames in the middle of the eastbound lanes. After the fire was extinguished, firefighters found a single deceased victim in the car.

This fatal accident unfortunately is too common of occurrence. Trucks weighing 50,000 pounds simply cannot stop as quickly as cars. Truckers have to drive the speed limit and keep an eye out for stopped or slowing traffic so that they have time to stop. When they don't, the end result is usually fatal for the driver of the car. In a similar accident happened just 2 months ago on Interstate 44 outside St. Louis Missouri on a stretch of Interstate on which there have been numerous fatal truck car crashes, many of them similar to this crash. Something has to be done, and increasing the number of hours a truck driver can drive per day and per week, without a rest as proposed by the Federal Motor Carrier Administration will only lead to more fatal accidents like this one.

September 26, 2007

Truck Driver Involved in Crash had no Front Brakes and Vioalted the Federal Motor Carrier Laws Requiring Pre-Trip Inspection

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

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

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

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


July 24, 2007

Truck Accident in Missouri - Three Children Die When Truck Hits MiniVan

A tanker truck hit a mini van broadside, killing three children, and critically injuring the driver and another child. The accident occurred in Lincoln County on Highway 61. This is a four lane road in which cross over traffic can stop in the median. The accident occurred when the driver of the mini van attempted to drive her mini van across the northbound lanes into the path of a tanker truck who could not stop in time.

The accident occurred at a dangerous intersection in a developing portion of Lincoln County. The intersection is scheduled for $500,000 in safety improvements.

The driver of the mini van lived in the area, living less than a mile from the intersection. All passengers were wearing safety belts but the driver who was not wearing her safety belt was ejected. The three children were pronounced dead at Lincoln County Medical Center in Troy, Missouri and the driver was airlifted to St. John’s Medical Center in