Earlier this afternoon, a semi-truck (18-wheeler) caused a catastrophic wreck on I-55 in Herculaneum, Missouri. The accident occurred when the tractor-trailer truck slammed into traffic stopped in front of it. Below is a video of the news cast:

Tragically, one person was killed and three others were sent to the hospital.  The names of the parties are being withheld until family members are notified.  In reviewing the story online at Fox 2 News website, there are currently over 40 comments.  What is driving me crazy is all of the comments that people are posting saying that it cannot be assumed that it was the truck driver's fault.  They say that cars often cut in front of semi-truck and then slam on the breaks!?!?

Unfortunately, the people posting these ridiculous comments are also the same type of people who may someday be called to serve on jury duty on this case.  They use insane logic to reach an insane verdict. 

The fact that the truck driver essentially drove over the rear of these cars is undisputed.  Of course it is the truck driver's fault!  Not only is it common sense, but this is legally the case according to Missouri's rear-end collision doctrine which says that a driver who hits another in from behind is legally responsible as long as the driver in front did nothing to cause the accident.  

Of course, what most people and even lawyers fail to consider is that semi-truck accidents such as these are not the result of momentary negligence.  Rather, they are the culmination of an unsafe trucking company keeping a blind eye to an unsafe driver.  Of course, unless these issues are aggressively brought to light, the public will never know.  I guarantee that behind this crash is the trucking company's insurance company who already has an adjuster assigned who is working to limit its exposure to the families whose lives have been destroyed.  As an experienced Missouri Truck Accident Lawyer, I know there are several steps that need to be taken immediately on behalf of these families.  These include:

• Sending an evidence preservation letter to the truck driver, truck company, safety director, and company President.  This is a letter that demands that the company maintain and not destroy certain records (There are a number of records that the Federal Safety Regulations require truck companies to maintain - for a while)
• Getting an immediate download of the ECM (black box) to determine the trucker's actions in the moments leading up to the wreck (See my prior post on our Missouri Truck Accident Attorney Blog on downloading the ECM)
• Obtain the Missouri Highway Patrol Accident Reconstruction report (which is surely underway) and obtain witness statements from everyone involved.

Simply put, if this is a case of a truck driver momentarily glancing away, then the driver is negligent and their insurance company should compensate these families for what was taken away.  However, if this is a situation of an unsafe trucking company putting an unsafe truck driver on the road, then they should be held responsible, not only to the family, but to the general community by paying punitive damages.  Certainly our prayers go out to all families involved and to the injured parties.

Joshua P. Myers is a Premier Missouri Personal Injury Lawyer.  He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC.  His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks).  He is a member of the Multi-Million Dollar Advocates Forum - membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case.  Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois.  He can be reached toll-free at 888-956-2487.  It is always free to discuss a potential case and there are never any upfront fees to retain his firm.  Rather, attorney's fees will be taken as a percentage of the recovery and the firm will also front all case expenses.