Trucking Accident Attorney Blog

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.

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.

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.

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.

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

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

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

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

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

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

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

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

Visit our Truck-Accident Information Center.

A 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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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