Trucking Accident Attorney Blog

As a Missouri semi truck accident attorney, I was interested to read a decision in which fault was split in an unusual way. In Lasley v. Combined Transport Inc. and Clemmer, a traffic accident caused by Combined Transport caused traffic to back up. In the resulting pileup, Judy Marie Clemmer ran her vehicle into a stopped pickup truck, killing Mark Alan Lasley. Lasley’s father sued both Clemmer and Combined Transport, and ultimately won a jury verdict that found Clemmer 78 percent at fault and Combined Transport 22 percent at fault. Combined Transport appealed and won a reversal; the Oregon Court of Appeals ruled that the jury should have heard evidence that Clemmer was intoxicated. Ultimately, the Oregon Supreme Court agreed, finding that Clemmer’s intoxication was relevant to the apportionment of fault.

Combined Transport lost part of its load of glass on Interstate 5 near Portland. Mark Lasley was caught in the resulting traffic, and Clemmer rear-ended his stopped truck, pushing it into a semi and causing leaks in the fuel lines that instantly caused a fatal fire. Clemmer later pleaded guilty to manslaughter and driving under the influence. Lasley’s father sued both parties. Before trial, Clemmer admitted to negligence in driving at an unsafe speed and not paying attention, causing the death. On the basis of that pleading, the court agreed to Lasley’s motion to exclude evidence of Clemmer’s criminal convictions. Ultimately, the jury apportioned 22 percent of the fault to Combined Transport and 78 percent to Clemmer. However, Combined Transport won a reversal from the Oregon appeals court. It ruled that Clemmer’s intoxication was relevant to both whether Combined Transport’s actions were a substantial cause of the death, and to the calculation of fault. The plaintiff appealed.

The Oregon Supreme Court upheld the ruling in part and reversed in part, finding that Clemmer’s intoxication was relevant only to the calculation of fault. The high court agreed with Consolidated Transport that juries must consider each defendant’s conduct together, but disagreed that defendants should be relieved of all liability if their contribution to the harm was insignificant compared to other defendants’. In this case, the Supreme Court found, Consolidated Transport’s conduct was a substantial factor because if it had not spilled its glass all over Interstate 5, Lasley would not have been stopped. And expert testimony showed that if he had been driving at highway speeds, a rear-end accident with Clemmer would likely not have killed him. Thus, Clemmer’s intoxication was irrelevant to the crash’s causation. However, the high court agreed with the appeals court that it was relevant to apportionment of fault, so it ordered a new trial only on the limited issue of each defendant’s fault. A dissent argued that Consolidated Transport should not get a new trial because its deficient pleadings, rather than a mistake by the trial court, were the reason the jury did not consider Clemmer’s intoxication.

This is relevant to my work as a St. Louis tractor-trailer accident lawyer because more than one defendant is very commonly involved in trucking accident cases. Most typically, the defendants are the truck driver and his or her trucking company; they can also be third-party drivers or the local government agency responsible for the road. When this is the case, the jury must apportion fault to each individual defendant. Unfortunately, most individuals, including drivers of cars as well as truckers, don’t have the financial resources to pay a big jury verdict, even when one is obtained. That’s why even a finding of little fault, as in this case, is still important to my clients. As a southern Illinois commercial truck accident attorney, my goal is to get my clients the best possible recovery, and sometimes that means recovering what little money is appropriate from a bigger defendant.

Continue reading "Oregon Supreme Court Rules Jury Should Be Permitted to Consider Truckers Intoxication – Lasley v. Combined Transport" »

As a St. Louis semi truck accident attorney, I know that even when an accident is not a client’s fault, that client may still be less than a perfect driver. That’s why Missouri and most other states allow people who are partially at fault for their accidents to still recover money — they just recover less than they otherwise would have, proportional to their share of the fault. This is also true in New Jersey, but that state has another law that specially forbids survival actions when the driver who was killed was driving without insurance. A survival action is an action brought on behalf of a deceased person for negligence that caused the death; a wrongful death case, by contrast, is brought by the deceased person’s family for emotional and financial losses to them. In Aronberg v. Tolbert, the New Jersey Supreme Court extended the survival actions ban to wrongful death actions.

Lawrence Aronberg was killed at the age of 34 when a tractor-trailer “careened into” the rear of his car on the New Jersey Turnpike. His mother, Sheila Aronberg, brought wrongful death and survival action claims against the truck driver, Wendell Tolbert, and trucking company Fleetwood Taggart. The survival action requested damages for Lawrence Aronberg’s pain and suffering before death, medical expenses and funeral expenses. The wrongful death action damages for emotional losses to his mother and brother. However, Lawrence Aronberg was uninsured at the time of the crash; his insurance had lapsed three weeks earlier due to failure to pay his premiums. As a result, the trial court found the survival action was barred by a New Jersey law forbidding people who fail to carry auto insurance from bringing personal injury claims. However, the trial court found that the wrongful death action was not barred because it was brought by Lawrence Aronberg’s mother and brother, not Aronberg’s estate. The Appellate Division affirmed this in a split decision. The majority found that the two laws serve different purposes and that nothing in the auto insurance law can be read to prevent innocent family members from recovering because a decedent failed to carry insurance. The dissenters argued that the insurance law “unmistakably declares that no cause of action arises” when operating an uninsured vehicle. The defendants appealed again.

The New Jersey Supreme Court was more friendly to the defendants. It read the insurance statute as an attempt by the state legislature to give motorists an incentive to buy insurance. The Wrongful Death Act was intended to benefit immediate family members, it said, but the Act’s language says family may sue over any act that “would, if death had not ensued, have entitled the person injured to maintain an action for damages.” In this case, if Aronberg had lived, he would not have been entitled to maintain an action for damages, because he was uninsured. Thus, the court unanimously ruled that heirs may not bring wrongful death actions when the decedent was killed while driving without insurance. The majority in the Appellate Division ruled otherwise, in part, because it found that this would create an absurd result because it would penalize Sheila Aronberg for her son’s failure to maintain insurance. The high court conceded that “Some may think that such a result is too draconian and not necessary to enforce compliance” — but declined to overturn the insurance law, because no constitutional principle was at issue. Finally, it dismissed the argument that its own 2001 decision in Miller v. Estate of Sperling applies, noting that the claim in that case was viable. Thus, the New Jersey Supreme Court remanded the case with orders to dismiss the wrongful death claim as well.

As a Missouri tractor-trailer accident lawyer, I am sorry for Sheila Aronberg and any other families in the same position. The New Jersey legislature may not have intended to revoke innocent families’ rights to recover damages when it passed the insurance law, but it appears that this was the effect. As a result, families of people who are killed by negligent truck drivers will now be unable to recover any of the serious financial damages that a truck accident creates. This can include serious financial losses to a family that loses its breadwinner, as well as high medical costs for weeks or months of treatment for very serious injuries. Allowing truck drivers and trucking companies to avoid liability for their negligence is also very bad public policy, in my opinion as a southern Illinois big rig crash attorney. It remains to be seen whether the New Jersey legislature will be interested in changing the law, but the high court seemed to suggest it with its statement about what “some may think.”

Continue reading "New Jersey Supreme Court Rules Uninsured Motorists Family May Not Sue for Wrongful Death – Aronberg v. Tolbert" »

As a southern Illinois tractor-trailer accident attorney, I was interested to read an Illinois appeals court decision affirming that a trucking company can be found vicariously liable for injuries caused by the truck driver for its contractor. In Sperl et al. v. C.H. Robinson Worldwide, Inc., et al., C.H. Robinson (CHR) was not the trucking company; it is a freight broker that finds trucking companies for customers that need shipping services. CHR had contracted with trucking company Toad L. Dragonfly Express for delivery of a load of potatoes. The driver working for Dragonfly, DeAn Henry, caused a multi-vehicle accident in 2004 near Plainfield, Ill. The crash killed Joseph Sperl and Thomas Sanders, and caused serious injuries to William Taluc. All three families sued Henry, Dragonfly and CHR in Illinois court. CHR admitted no liability, but the jury and the Third District Court of Appeal both disagreed.

Henry owned her truck and leased her trailer from Dragonfly, for whom she worked. However, she was working directly for CHR when she failed to notice stopped traffic ahead on Interstate 55 and caused the accident. Henry and Dragonfly admitted liability, but CHR did not. At trial, Henry testified that she was working for CHR and in frequent contact, per its instructions; she also testified that CHR’s schedule left her without enough time to make the delivery while also following federal hours of service regulations. A dispatcher for CHR agreed with this at trial. After the judge denied CHR’s motion for a directed verdict on agency, the jury found that Henry was an agent of CHR, making CHR vicariously liable, and awarded a total of $23.775 million between the three families. After losing a post-trial motion for judgment notwithstanding the verdict or a new trial, CHR appealed.

On appeal, CHR argued that the evidence did not show an agency relationship between itself and Henry, because Henry was an independent contractor who CHR had no right to control. An agency, the Third District noted, is a consensual relationship in which the principal controls the agent’s actions and the agent can affect the principal’s legal relations. Nonetheless, it said, the labels given by the parties to a relationship are not dispositive of the issue; courts should look at multiple factors, most importantly the right to control work performance. Under that test, the Third District said, the jury’s decision was not against the evidence. Henry’s actions were closely controlled by her contract with CHR, and compliance was ensured with fines. Henry’s work as a trucker is closely related to CHR’s. And Dragonfly was not directly involved in the negotiations or work. It dismissed two previous federal cases finding CHR not liable, saying they were different because CHR owned the product and more closely directed Henry’s actions in this case. Thus, it could not find that the jury’s decision was against the evidence, and upheld the verdict.

This decision could be helpful to injured people and Missouri semi truck accident lawyers like me, because it opens another path to liability. As the cases CHR cited show, other federal courts have decided against holding it financially responsible for accidents involving its contractors. This case was decided differently, in a way that I hope will help trucking accident attorneys and their clients determine whether they should include transportation brokers like CHR in their claims. As a rule, it’s better for plaintiffs to include more parties, because more parties increases the chance of a payout that helps them get the medical care they need and make ends meet while they recover. Commercial truck accidents often leave victims dead or permanently disabled, so there’s a real financial concern. However, as a St. Louis 18-wheeler accident attorney, I know clients do not enjoy the expense and heartache of suing an inappropriate defendant.

Continue reading "Trucking Company Has Agency Relationship With At-Fault Trucker – Sperl et al. v. C.H. Robinson Worldwide" »

As a Missouri semi truck accident attorney, I sometimes handle trucking accident claims in which the client sues the trucking insurance company directly, in addition to or instead of suing the trucker and trucking company. Until recently, this was only possible in Wisconsin when the trucking insurance policy in question was issued for delivery within the state of Wisconsin. But in Casper v. American International South Insurance Co., the state Supreme Court overruled that precedent and allowed the Casper family to sue American International. The court also ruled that plaintiffs in general may sue corporate officers for non-intentional actions, though it did not allow a claim against the trucking company’s COO in this case.

The Casper family’s minivan was stopped at an intersection in 2003 when a tractor-trailer driven by Mark Wearing rear-ended it at 40 mph. All four Caspers and passenger Sara Janey were injured. Michael Casper, a minor, was rendered a quadriplegic; Janey suffered a traumatic brain injury and lost the use of one kidney. Investigators found that Wearing was abusing three prescription drugs at the time of the crash. Wearing also testified at trial that his employer, Bestway Systems Inc., had given him a route he had objected to as too long to fit federal hours of service restrictions, but a supervisor had told him to lie about his hours or face firing. Bestway’s COO, Jeffrey Wenham, allegedly approved a route that the Caspers’ expert later said was illegally long. The Caspers sued Wenham as an individual for negligent training and supervision and violations of federal trucking laws.

In trial court, Wenham successfully moved for summary judgment, arguing that he could not be held personally liable for actions at work. After consideration, the trial court let stand only a claim that Wenham should not have approved the route Wearing took. Wearing was co-employed by another trucking company named TLC, whose insurance company the Caspers sued directly. In a separate cause of action, that insurer, National Union, successfully moved for summary judgment because its policy was not issued for delivery within Wisconsin. Both sides appealed and the appeals court affirmed, giving rise to the instant appeal.

The Wisconsin Supreme Court first dispensed with a procedural question, then turned to the issue of whether National Union could be sued directly under Wisconsin law. The law says parties may sue insurers for “all insurance policies … delivered or issued for delivery in this state, on property ordinarily located in this state, on persons residing in this state when the policy or certificate is issued, or on business operations in this state.” A previous Court of Appeals case had interpreted this to mean the policy must be delivered or issued for delivery in Wisconsin. But the Supreme Court, construing a long legislative history, unanimously held that the law applies to any liability insurance policy “so long as the accident or injury occurs in this state.”

It next examined whether Wenham could be held personally liable for negligently approving the allegedly illegal route taken by Wearing — and decided that he could. The Supreme Court noted that employees and officers can be personally liable regardless of whether their employers are also liable. It dismissed an argument by Wenham that finding him liable would create bad public policy that would hold any corporate officer of a trucking company responsible for any accident based on any negligence claim. This is overstatement, the court said. However, it agreed that the facts of this case — Wenham never even met Wearing — make holding Wenham responsible against public policy. Thus, it upheld the circuit court but made new law in Wisconsin on both issues.

As a southern Illinois tractor-trailer accident lawyer, I am pleased by this ruling. Trucking accident attorneys in Wisconsin have been handed two powerful new tools to help their clients recover damages. Making insurance companies directly liable may do no more than suing their insureds would do, but it skips the middle man. And having the ability to hold corporate officers personally responsible helps expand the pool of potential defendants. This matters in a case like Michael Casper’s and Sara Janey’s because they have suffered permanent, severe disabilities that will require a lifetime of treatment. In addition to changing their lives forever, practically and emotionally, this will require a lifetime of expensive medical care. That’s why, as a St. Louis 18-wheeler accident attorney, I work hard to get my clients the maximum possible compensation for their injuries.

Continue reading "Wisconsin Supreme Court Rules Trucking Accident Victim May Sue Insurer With Out of State Policy – Casper v. American International South Insurance Co." »

As a southern Illinois big rig accident attorney, I was interested to read a Seventh U.S. Circuit Court of Appeals decision on insurance coverage in a fatal trucking accident. Clarendon National Insurance Company v. Medina et al stems from a jackknifing incident that sent a trailer across a highway and killed driver Michael Walter Schulman. Schulman’s parents sued the driver, Guillermo Medina; his employer, Town Trucking Company; and his wife, Maria Medina, who was the legal owner of the truck. The lawsuit eventually settled with a $2 million consent judgment against Town and the Medinas, with $1 million coming from Town’s trucking insurance and $1 million coming from insurance for Guillermo Medina.

Medina’s insurer, Clarendon, refused to pay because the language of its policy said the coverage does not apply to “a covered auto while in the business of anyone to whom the auto is rented.” The Medinas, Town and the Schulmans argued that Guillermo Medina could not have rented the truck to Town because he did not own it. A federal trial court disagreed and ruled in favor of Clarendon. This appeal followed.

On appeal, the Seventh was skeptical of the claim that Guillermo Medina could not have rented the truck to Town. Guillermo Medina signed his contract with Town with his wife’s knowledge and encouragement, used the truck with her knowledge and deposited his pay in a joint account, the court said. Furthermore, federal law defines an “owner” more broadly than the holder of the title of the truck; for regulatory purposes, an owner can be someone who has exclusive use of the truck even though he or she may not have the title. Town was not aware that Maria Medina was the true owner of the truck, the court said, but this doesn’t mean Guillermo Media could not have been acting on her behalf when he signed his agreement with Town. Finally, the court ruled that their agreement did indeed constitute “renting” or “leasing” the truck within the meaning of the insurance policy. Thus, the Seventh upheld the trial court’s decision that Clarendon need not pay.

This decision, despite its length, is fairly simple; it relies on the plain wording of the insurance policies and the law. As a Missouri tractor-trailer accident lawyer, I appreciate that the ruling must be disappointing to the Schulmans, who are unlikely to get the full value of their claim. The Medinas are unlikely to have $1 million in personal assets with which to satisfy the judgment, so the Schulmans will almost certainly have to drop their efforts to collect the full $2 million. This is one reason truckers carry their own insurance, as well as the trucking company’s insurance: They simply cannot afford to pay these kinds of damages as individuals. Commercial truck accidents are so serious and deadly that the damages will almost always be large. That’s why, as a St. Louis semi truck accident attorney, I do my best to maximize the damages coming from insurance, rather than individuals or small businesses.

Continue reading "Insurance Policy Excludes Claim by Family of Driver Killed by Semi Truck, Seventh Circuit Rules – Clarendon National Insurance v. Medina" »

A recent item in the Kansas City Star caught my eye as a Missouri semi truck accident attorney. That newspaper reported Oct. 21 on the end of a lawsuit by the family of a woman killed when her vehicle was rear-ended by a tractor-trailer. Anita Gibbs was the principal of Askew Elementary School in Kansas City before her death in 2006. She was on her way to a family celebration when a truck driver failed to slow for traffic ahead and plowed into the vehicle in which she was riding, killing all four of the women inside. The trucker was found not guilty of four manslaughter charges in 2008, but the families of the other three women sued, reaching an $18 million settlement with the truck driver and trucking company. The Gibbs family’s suit was the last of the four to go to trial and the only one to reach a jury verdict, which includes $5.25 million in compensation and $30 million in punitive damages.

According to the article, the Gibbs family argued that truck driver George Albright Jr. of Tennessee was too tired to be on the road the day of the crash. The family’s attorney told the newspaper that Albright had falsified his logs, the written record truck drivers keep showing how many hours they had driven. The federal government requires truckers to keep these logs to ensure that they follow restrictions on hours of service, which are designed to keep drivers from getting too tired. Nonetheless, the attorney told the newspaper, cell phone records put Albright in Illinois when his log said he was in Columbia, Mo. The family’s attorneys argued that Albright’s employer, CenTra Trucking Co., negligently ignored violations like this, as well as Albright’s allegedly poor driving record, contributing to the crash.

As a St. Louis 18-wheeler crash lawyer, I was interested in this story because it neatly lays out some of the important issues in any serious accident involving a large truck. The federal government restricts how many hours truckers may be in service, specifically because of concerns about the safety of drivers who have been on the road too long. Unfortunately, truckers and trucking companies have a financial incentive to break the law, because they lose money when they don’t meet delivery deadlines. As a result, industry insiders say the logs -- which are still kept on paper -- are routinely falsified. Trucking companies are complicit in this because they want to save money -- in fact, they sometimes pressure drivers into violating hours of service rules to meet deadlines. As a result, dangerously over-tired truckers are still on the roads, threatening the safety of everyone they pass.

Continue reading "Kansas City Jury Awards $35 Million to Family of Woman Killed in Trucking Accident" »

St. Louis-based Carey, Danis & Lowe announces $1.05 million award in
A man who was injured when his pickup truck was struck by two different tractor-trailers on a rain-slick highway was awarded $1.05 million by a federal jury in Indiana on Aug. 27. The motorist was represented by attorneys Jeffrey J. Lowe and Andrew Cross of St. Louis-based Carey, Danis & Lowe.

“Even though the driver was initially able to walk away from the accident, he still suffered permanent injuries as a result of absorbing the force of crashes with not one but two tractor-trailers”

On November 15, 2005, a 42-year-old man was driving a pickup truck on Interstate 70 near Richmond, Ind. A CR England tractor-trailer hydroplaned, crossed the center line of the highway, and hit the rear of the pickup truck. The collision spun the pickup, which was then broadsided by a Crete Carrier semi.

The pickup driver was taken to Reid Hospital but released two hours later. He did not receive any additional medical treatment until 15 days after the accident. Eventually the pickup driver was found to have sustained a mild traumatic brain injury with some cognitive permanence, disc herniation in his cervical spine requiring a two-level fusion and damage to his knee cartilage.

In a personal injury lawsuit filed against CR England and Crete Carrier Corp., the pickup driver alleged that the tractor-trailer drivers were negligently speeding and failed to follow at a safe distance.

The case, Amari v. CR England, et al., cause no. 07-CV-1616, went to trial in the U.S. District Court, Southern District of Indiana. On Aug. 27, a federal jury awarded the pickup driver $1,050,000.

“Even though the driver was initially able to walk away from the accident, he still suffered permanent injuries as a result of absorbing the force of crashes with not one but two tractor-trailers,” explains attorney Jeffrey J. Lowe. “The jury properly recognized that it can sometimes take a while to recognize and diagnose serious internal injuries.”

Carey, Danis & Lowe, based in St. Louis, handles personal injury, pharmaceutical liability, product liability, medical malpractice, class actions, and commercial cases throughout the United States. For more information, contact Jeff Lowe at 314-725-7700

As a St. Louis tractor-trailer accident attorney, I noted with interest a recent article about financial penalties for the state in a fatal trucking crash. According to a Nov. 24 article from the St. Louis Post-Dispatch, a three-person arbitration panel ruled that the Missouri Department of Transportation should have warned motorists about the traffic pileup that led to the death of 28-year-old Jemma Dant of St. Louis. Dant was stopped on Interstate 44 for traffic when she was rear-ended by a semi truck, pushing her vehicle into another stopped vehicle. Traffic was backed up from the Vandeventer exit on I-44, past the designated exit lane and into the right lane.

Dant’s family argued that MoDOT should have done more to warn drivers about the backup problem. In fact, the exit in question has been re-striped since the 2005 accident, their attorney said, and warning signs have been added. Cases against MoDOT may be heard by an out-of-court arbitration panel instead of a state court. A panel in this case ruled in mid-November that Dant’s father, sister, brother, nieces and nephews should receive $1.3 million in compensation. But because Dant’s family had already received $950,000 in a claim against the trucker and trucking company, the state may subtract that amount from the judgment, leaving a payment of only $350,000. This is just under the maximum of $378,814 that state agencies may be compelled to pay, a cap set by sovereign immunity laws.

As a Missouri semi truck accident lawyer, I am pleased that Dant’s family received fair compensation despite those laws. Sovereign immunity is a legal doctrine dating back to Britain, which says that governments are immune from lawsuits. Incredibly, this doctrine allows states to decide whether they and their employees are liable at all for wrongdoing, even clear and undisputed wrongdoing. As a rule, Missouri and Illinois citizens may sue their states for negligence, but they have special rules to follow -- such as the damages cap -- and often must overcome special obstacles like shorter deadlines and administrative petitions. Failure to follow these rules can disqualify a claim entirely, no matter how strong it might be. That’s why it’s important for people with a claim against a government agency to speak with an experienced attorney as early as possible in the process.

Continue reading "Arbitration Board Rules MoDOT Must Pay Family of Woman Who Died in Semi Crash" »

In what may be the first legal verdict to come out of the horrific Highway 40 tractor-trailer accident in 2008, a judge has awarded $18 million to a couple affected by the crash. According to an Aug. 25 article by the St. Louis Post-Dispatch, Mark and Cheryl Tiburzi sued truck driver Jeffrey Knight and his former trucking company, Holmes Transport Inc., for causing the accident that left Mark Tiburzi severely brain-damaged and unable to walk, talk or care for himself. He lives full-time in a nursing home. At least two other lawsuits related to the crash, as well as a criminal case against Knight, are pending.

In the July 2008 crash, Knight’s semi truck plowed into a line of stopped cars on Highway 40 near Interstate 270, killing three people: Lydia Miller of Canton, Mo; Alvin Mast of Kahoka, Mo.; and Charles “Keith” Cason of Caseyville, Mo. The crash also injured 14 people, including Mark Tiburzi. Officials say Knight was distracted by his cell phone when he failed to stop for the traffic. The judge in the Tiburzis’ case ruled that it was more likely than not that Knight was negligent -- a legal term for extremely careless. Of the verdict, $13.8 million will go to Mark Tiburzi, a former sales manager for Famous Footwear, and $4.2 million will go to Cheryl Tiburzi of St. Peters.

That might seem like a lot of money to people who are not familiar with the cost of dealing with a severe brain injury. Unfortunately, as a St. Louis big rig accident lawyer, I can tell you that lifetime head injury treatment costs can easily reach into tens of millions. The initial hospital visit alone can be expensive -- but after a brain injury patient is stabilized, he or she will probably need years of therapy to help regain speech, movement or life skills lost to the injury. In severe cases like Mark Tiburzi’s, patients may need daily care for the rest of their lives. That means this money is likely to be earmarked for Mark Tiburzi’s past and future care. It may also include compensation for Cheryl Tiburzi’s loss -- although I don’t doubt that she would trade it all back if it could make her husband healthy again.

Continue reading "Federal Judge Awards $18 Million to Couple After Trucking Accident Leaves Husband Severely Disabled" »

The collision of two tractor trailers causing serious injuries has resulted in a jury awarding $23.5 millionthe Wichita Eagle reports.

On March 16, 2006, Terry Frederick, from Overland Park, Kan., was a passenger in a Yellow Freight semi. Frederick’s lawyers claimed that Robyn Getchel, the driver of a Swift Transportation tractor-trailer, was backing up from a rest stop onto the highway when she hit the Yellow Freight semi.

Frederick suffered a severe spinal cord injury. Dennis Bottorff, the driver of the Yellow Freight rig, was killed.

Getchel tested positive for methamphetamine.

Because the jury assessed 65 percent of the fault to the Swift driver, the actual award to Frederick, 56, is nearly $15.3 million. Frederick’s medical bills up to the time of trial totaled about $5 million. The rest of the verdict covered future medical bills, lost wages and pain and suffering.

When the driver of an 18,000 pound truck uses illegal drugs and engages in unsafe driving maneuvers, the consequences are deadly for both motorists and other truck drivers.

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 a St. Louis/Illinois trucking accident lawyer at the Lowe Law Firm by calling 877-678-3400 or filling out our online contact form.

A jury in Alabama has awarded $1 million to the son of a man killed in a tractor-trailer crash, the Dothan Eagle reports.

Kenneth Watkins filed the wrongful death suit after his 79-year-old father, Joseph Watkins, was killed at the intersection of U.S. 84 and Conecuh County Road 15 just north of Mobile. Watkins claimed that the truck driver barreled through the intersection traveling 75 miles per hour. The posted recommended speed was 45 miles per hour.

The suit was filed against Rowell Trucking, driver Thomas Wayne Rowell and Greatwide Dedicated Transport.

The defendants alleged that Watkins failed to yield the right of way. But the Conecuh County jury disagreed. After four hours, it handed down the $1 million verdict against the three defendants.

It appears that one of the key pieces of information in the case was the truck’s excessive speed at the time of the accident. The speed of the truck was established by an expert testifying on behalf of the plaintiff.

Frequently expert witnesses are needed to prove fault. The experts chosen to investigate the accident should have special expertise in the design, manufacture and operation of trucks and the rules of the trucking industry.

Experts may not be needed in cases involving clear-cut liability or those in which law-enforcement personnel conducted the accident investigation.

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.

When trucks are involved in accidents rarely to the accidents involve minor injuries. The fact that truck accidents involve serious injuries is demonstrated by the size of some of the recent jury verdicts in truck accident cases.

Here’s a round-up of recent verdicts involving tractor-trailer crashes that have been handed down across the country:

$87 million – A Texas man who was partially paralyzed after a 6-ton U-Haul truck rolled over him was awarded the amount by a Dallas County jury. The man was helping his daughter move when the accident occurred. It was alleged that U-Haul rented a truck with a faulty emergency brake and worn gears.

$36.3 million – A father of eight in Arizona was killed when a Swift Transportation semi ran a stop sign and plowed into the Suburban he was driving. Just before the crash, the tractor-trailer was going 65 miles per hour and didn’t slow down even after crossing three sets of rumble strips that warn of the impending stop sign. All of the driver’s logs, which federal law requires trucking companies to keep, were “lost.” A Maricopa County jury awarded the man’s family $23.1 million in compensatory damages and $13.5 million in punitive damages.

$29.4 million – A big rig smashed into a highway overpass. A family in an SUV swerved to avoid the wreckage of the exploding trailer and was broadsided by another tractor-trailer. The father died as a result of the injuries he suffered and his daughter was injured. The family claimed that driving an over-height trailer was negligent and sued the truck driver, Transport Expressway Inc., which owned the truck, and Finloc, a leasing company with insurance on the trailer. A jury in Orange County, New York made the award.

$20.1 million – A 62-year-old teacher was rear-ended by an electrical supply truck while his vehicle was stopped at a light. The teacher’s ribs were broken in the crash but while he was hospitalized, he developed medical complications and died. A jury in Clayton County, Georgia handed down the wrongful death award.

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.

Last week, a Texas jury awarded $1.5 million to two men who were hurt when a semi crashed into their car, the Associated Press reports.

In 2006, Ronny Martinez, 37, and Kenneth O’Neal, were driving down a highway in Texas when a tractor-trailer struck their car.

The two men filed a personal injury suit against the truck driver and the trucking company, Indiana-based Celadon Trucking Services. A jury concluded that Celadon negligently hired the truck driver and that its driver caused the crash. The jury also concluded that Martinez, who was driving at the time of the collision, also partially caused the accident.

The jury awarded $750,000 for medical bills and another $750,000 for pain and suffering and personal injuries.

The Associated Press also notes that in 2005, the same trucking company paid $1.25 million to the family of a soldier who was killed when his car rear-ended a stalled semi stopped on a Texas highway because a brake hose had failed. The husband-wife driving team had tried to repair the hose with a toothpick wrapped with tape.

Fault in a truck accident may involve driver error, driver negligence, negligence on the part of the company that hired the driver, negligence on the part of the company that owns the trailer, or all three.

According to the National Center for Statistics and Analysis, more than one-fourth of the truck drivers who are involved in fatal crashes in 2004 had at least one prior speeding conviction. Seven percent of truck drivers had a previous license suspension or revocation and some had prior felony convictions. Many trucking companies negligently hire drivers with bad driving records because they want to move cargo at the cheapest possible price.

Drivers and passengers in cars suffer the majority of injuries when they collide with large trucks because of the weight difference between the two types of vehicles. Cars weigh an average of 3,500 pounds, while large commercial trucks (known as semis, eighteen wheelers, and tractor-trailers) can weigh up to 80,000 pounds with their loads. In car-truck collisions, 98 percent of the fatalities were persons in the cars.

If you or a loved one has been injured or a family member has been killed in a collision with a large truck, we urge you to contact the Lowe Law Firm by calling 877-678-3400 or filling out our online contact form.

Our trucking-accident attorneys will find out whether the truck driver, trucking company, or trailer owner is responsible for the accident. If so, we will then seek compensation for future and other related medical expenses, future and other affected wages, pain and suffering, disability and/or other related damages.

A man who was struck by a cement-mixer truck while working on his disabled vehicle has been awarded $1.95 million from a Maryland jury, the Baltimore Sun reports.

In 2005, Robert L. Howard, a truck driver with Goodwill Industries, was standing outside his disabled vehicle with his assistant, Errol Johnson. A cement mixer owned by Lafarge Mid-Atlantic and driven by Anthony Schulman struck both men. Johnson was killed and Howard was severely injured.

Schulman, who has a lengthy criminal past which includes drug and theft convictions, drove off claiming he was unaware he had hit anyone. Schulman later pleaded guilty to negligent driving.

Howard sued both LaFarge and Schulman for negligence. Last month, an Anne Arundel County jury awarded Howard $1.95 million including $1.83 million for pain and suffering which will be capped at $650,000. (Schulman and LaFarge reached a settlement with Johnson's family in March.)

When a bystander, pedestrian or motorist is injured by a commercial truck, it is important to contact an experienced trucking accident attorney immediately.

An experienced trucking accident attorney knows that commercial truck drivers and trucking companies are subject to special statutes and regulations. Truck drivers must obtains special licenses and training and undergo driving reviews and background employment checks. A number of laws require truckers and their employers to keep certain records that can be critical in prosecuting truck cases. Truck movements are often tracked with the use of global positioning systems. In some cases the actual truck movements recorded by GPS don’t sync up with the logbooks a trucker maintains. Black-box data often contains information on the truck in the time leading up to the crash. Knowing how to gain access to and interpret the information is important because truck accidents are harder to defend and easier to win for plaintiffs.

The victims of trucking accidents and their families need a level playing field, and the best way to get this is to find an attorney who can protect their interests. The Lowe Law Firm has investigators who can on the case within hours of a crash. Our staff will see to it that critical crash evidence is safeguarded and not destroyed. Our lawyers are experienced with trucking companies and insurance carriers and in trying cases against them.

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

A truck driver who 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.

A farm truck failed to stop at an intersection and struck the Jeep killing a fifteen year old passenger in the jeep resulted in the teen's family being awarded $10 million by an Illinois judge, the Southern Illinoisan reports.

Saline County Circuit Judge Ron Eckiss handed down the award late last month to compensate for the “significant loss of society” sustained by the survivors.

On June 14, 2001, Herrin was a passenger in a 1998 Jeep Cherokee. A 1981 Ford F-100 farm truck driven by Brian Bramlet was traveling eastbound on Lone Oak Road. Bramlet failed to stop at the Illinois 34 intersection. He struck the right passenger side of the Jeep Cherokee. Herrin was thrown from the car and died from his injuries.

Herrin’s family filed a wrongful death suit against the truck’s driver who admitted he was at fault and that his negligence caused Herrin’s death. In addition to the $10 millions, the driver was also ordered to pay the boy’s medical expenses and the funeral expenses.

It is likely that the family will collect from the driver’s insurance company instead of the driver personally.

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.

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.

In an Illinois truck accident the jury awarded $23.56 million to a plaintiff who suffered a traumatic brain injury, bilateral pelvic fractures, fractures of arms, legs and collar bone, as well as later suffering from quadriplegia as a result of a head-on collision between a van and a tractor trailer.

The plaintiff was 25 years old and riding in the front seat of a van traveling on the Interstate highway. The truck crossed the median and entered the van's lane of travel, the truck struck the passenger side of the van, severely injuring the plaintiff. The plaintiff incurred past medical expenses of approximately $560,000 and according to the life care plan, had $14 million in future life care costs. The plaintiff had been a forklift operator but was unemployed at the time of the injuries and was now completely unable to work. She claimed $30,000 in past lost wages and $450,000 in future lost income.

The plaintiff sued the driver of the truck, its owner, and the company that operated it. The plaintiff claimed that the driver failed to remain in his lane and fell asleep at the wheel after he took a prescription sleep aid. The lawsuit claimed that the truck's owner and operator negligently retained and entrusted the vehicle to the defendant driver. Plaintiff claimed the company failed to properly investigate the driver's medical history and evaluate whether he was fit to drive a tractor trailer.

Plaintiff's experts were Gary M. Warkony, life care planning, Lake Forest, IL; Roy Adair, physical medicine and rehabilitation, Oak Lawn, IL; David Sallmann, accident reconstruction, Libertyville, IL; and Phillip Rushing, economics, Campaign, IL.

Defendant's expert was Harry W. Schwartz, physical medicine and rehabilitation, Philadelphia, PA.

The jury awarded $23.56 million. It is reported that the parties reached a post verdict settlement of $22.1 million.

A tractor trailer crossed the median and hit plaintiff head-on after the truck driver lost consciousness. The plaintiff Lester was 49 years old driving on a highway when the driver of the vehicle was trapped inside her car for over an hour and died of injuries several hours later. She had been earning $48,000 annually in computer sales and her estate claimed $1.05 million in lost earning capacity. She was survived by her parents and three adult siblings.

The parents, individually and on behalf of their daughter's estate, filed suit against the driver of the tractor trailer and his employer, alleging that the driver was driving recklessly and failed to maintain control of the tractor trailer. Plaintiff also complained that the driver failed to take medication to prevent the blackout from occurring. The suit against the employer alleged failure to do a background check on the driver.

Defendants claimed that the driver was not negligent and had a sudden medical emergency.

Plaintiff's experts included Lemuel Dent, trauma surgeon and Halatoubbeh, gastroenterology, both of Atlanta, GA; Tim McWilliams, Fire and Rescue, Dallas, GA; Robert Cartier, biomechanical engineer, Fletcher, NC; and Ricky Harris, accident reconstructionist of Calhoun, GA.

The jury awarded plaintiffs $7.03 million.

In Illinois, a flatbed tractor trailer rolled over and hit a family's car which was on the side of the road with a flat tire. Pierce, who was 6 years old, was riding in his parent's car when it got a flat tire. Pierce's father, who was 36, pulled over on the side of the Interstate and got out to change the tire. While changing the tire, a flatbed trailer road rolled over and two boom lifts it was carrying broke free, one piece of the lift fell on to the car which burst into flames. Pierce, who was 6 years old and strapped in the car seat, died in the fire. Another piece of equipment struck the father, traumatically amputating his left leg below the knee. He incurred medical expenses of approximately $244,000 and earned about $30,000 annually. The mother, who was also present, suffered from post traumatic stress disorder and incurred about $55,200 in medical costs. She was unable to work and claimed $670,000 in future lost income. The father subsequently died unrelated approximately two years later.

The estate of Pierce's father, along with Pierce's mother on behalf of her son's estate, sued the owner of the trailer, the manufacturer of the boom lifts, and the company that chose which flatbed trailer would be used. The suit against the trailer's owner was based on vicarious liability, claiming among other things that the truck driver was speeding and failed to keep the tractor trailer under control. Suit against the manufacturer of the boom lift alleged that it negligently loaded the lifts onto the trailer and set them in such a way, making the flatbed trailer subject to rollover. The company that selected the flatbed trailer was sued, alleging that it failed to specify a drop deck trailer to transport the two lifts.

Plaintiff's experts included Don Asa, heavy vehicles, motor carrier safety and regulatory compliance, Scottsdale, Arizona; Kenneth Baker, accident reconstruction, Wilmette, Illinois; Nathan Ware, vehicle dynamics, stability in accident reconstruction, Grand Haven, Michigan; Michael Steven Pinzur, orthopedic surgery, Maywood, Illinois; and James Radkey, vocational rehabilitation, Northbrook, Illinois.

Defendant's experts included Anita Kerezman, transportation and trucking, Scottsdale, Arizona; Art Atkinson, heavy vehicles and motors, Glendale, Arizona; Dagmar Buzeman Jewkes, accident reconstruction and engineering, Aurora, Illinois; John Flies, transportation logistics and logistics management, Des Moines, Iowa; and George Caird, transportation, engineering and trailer design, Victoria, British Columbia, Canada.

The parties settled before trial for $15.6 million of which Pierce's mother received $10.1 million and Pierce's and his father's estates divided the remaining $5.1 million. The trailer's owner paid $7.6 million of the settlement and the logistics company and boom lift manufacturer each paid $4 million.

After a dump truck read ended a car at a red light, a jury awarded the plaintiff $1.28 million plus prejudgment interest and costs. The plaintiff suffered multiple herniated discs, torn cartilage in her right knee, and incurred medical specials of $111,900. Plaintiff may also have to undergo future surgery and continuing medical treatment and therapy. She has been employed as assistant manager of a local store earning $19,000 per year and was permanently unable to work. She claimed $133,000 in past lost wages and an additional $323,000 in future lost wages.

The plaintiff Moreno sued the driver of the dump truck and the truck driver's employer who owned the truck. The suit against the driver alleged that the driver was negligent in failing to stop and rear-ended the plaintiff's vehicle and the suit against the owner was based on the fact was the drivers agent.

Plaintiff's experts were Pat McKenna, occupational therapy, Lakewood, Colorado; Scott Shaffer, pain management, Wichita Falls, Texas; Lawrence Varner, orthopedic surgeon, Aurora, Colorado; Greg Reichardt, physical medicine and rehabilitation, Thorton, Colorado; and George Rossie, clinical psychologist, Denver, Colorado.

Defendant's experts were Gretchen Brunworth, physical medicine and rehabilitation, Centenial, Colorado; Ron Carbaugh, clinical psychology, North Glenn, Colorado.

The jury awarded plaintiff $1.28 million plus prejudgment interest and costs. The insurer of the truck driver's employer, paid the entire amount.

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

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

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

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

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

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