Legal Analysis - I-40/64 St. Louis 31 Car Pile-up - Caused by UPS
At approximately 5:00 am this morning, February 23, 2011, a 31-car pileup occurred on I-40/64 in St. Louis. The string of destruction extended from Grand to Kingshighway. Now, I used to work downtown and drove this stretch every day for years. I know what traffic is like at 5:00 am - it's not that heavy.
What struck me odd about reports I have been reading about the accident is that much of the focus has been on the fact that MoDot did not get the roads salted because they had no knowledge of the coming ice. All the reports are making it sound like this was a totally unavoidable accident.
Here's the thing. Perhaps MoDOT had no notice of the impending precipitation. But so what! Perhaps my take is so different than the reporters focus because I am a St. Louis Truck Accident Attorney.
This crash all started when a UPS tractor-trailer jack-knifed on the road. Now, hundreds of other cars had passed through this stretch of road without causing a huge pile-up. So why did the UPS truck not do the same. First, it's obvious that the sheer size means that the truck is not going to recover should it lose just the slightest bit of control. But that's the point. Truck drivers are supposed to know that.
Here's the bigger catch. As a St. Louis Truck Crash Lawyer, I am intimately aware of the Federal Motor Carrier Safety Regulations. They are a part of every successful truck accident case. These safety regulations govern virtually every aspect of a truck driver's operation of the truck. Foremost, regulation 392.14 requires tractor-trailer truck drivers to reduce their speed if conditions become hazardous due to rain, sleet, snow, ice, etc. If conditions become sufficiently dangerous, the driver is required to pull over.
At the end of the day, the UPS truck driver should have recognized the danger of continuing to drive that tractor-trailer on the slippery and should have pulled over. In my opinion, it was not the unforcasted precipitation that caused all this destruction, it was the violation of the safety regulation by the UPS truck driver!
Of course, there are many other issues that a truck accident lawyer would investigate as well. For instance, there are safety regulations that govern the conditions of the tires, brakes, as well as the number of hours that the driver can drive.
Because of these types of things, people involved in a crash involving a tractor-trailer should retain an experienced tractor-trailer accident lawyer immediately. Not just any lawyer, but someone intimately familiar with the federal safety regulations.
The first thing our firm does in crashes such as this is to send a very detailed preservation of evidence letter to the truck driver, the truck company, and the insurance company. Our letter demands that the company and driver retain and not destroy a number of documents which are vital to fully evaluate who was at fault. More importantly, we demand an immediate inspection of the truck so we can evaluate whether the tires and brakes played any role in the collision.
For now, I wish the best to all of those involved and a speedy recovery. More importantly, I hope that UPS steps up to the plate. But, I know from experience that their insurance company is already working hard to limit what they pay out on these claims. They are probably already working on getting statements from all types of witnesses and doing all they can to mold the evidence in the light most favorable to them.
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Joshua P. Myers is a Missouri Tractor-Trailer Injury Attorney and the co-founder of Schultz & Myers, LLC. With the main office in St. Louis, his firm specializes in representing injured individuals across Missouri and Illinois. If you would like to speak with him and discuss a potential case for free, call his firm at 877.SUE.TRKS or email him at josh@schultzmyers.com.
It's always free to discuss your case and there are never any upfront fees. Rather, all attorney's fees are a percentage of the recovery his firm obtains.
Robert Carmona Charged in Fatal Bonne Terre, MO Truck Accident
This past Thursday, January 20, 2011, a horrific semi-truck crash occurred in Bonne Terre, Missouri. The wreck happened about 1:30 pm. The Bonne Terre, MO truck accident occurred when a 2008 Freightliner driven by Robert Carmona rear-ended a 1996 Crown Victoria that had slowed down on U.S. 67. The crash sent both vehicles off the side of the road. Tragically, three passengers in the Crowne Victoria were killed as a result of the crash. They were Rachel Sharp, 18, Aaron Webber, 20 of Bonne Terre, and Frank Weber 56, of DeSoto. The truck driver, Robert Carmona, was not injured in the wreck. He has since been arrested and charged with involuntary manslaughter.
Here's the thing most people will not realize. Carmona's truck company is just as guilty as he is!
That is because Carmona was driving on a revoked license. This absolutely unbelieveable to me. Truck companies and truck drivers alike are governed by the Federal Motor Carrier Safety Regulations. Truck companies are required, at all times, to make sure their drivers are qualified to drive. Obviously, Carmona had absolutely no business being behind the wheel. But his truck company either 1) didn't care or 2) didn't have a system in place to monitor its drivers. Either option is equally inexcusable.
As a Missouri Truck Accident Lawyer, I know that not only should the truck company be responsible for compensating these families, but they should not be allowed to escape without paying punitive damages as well. Under Missouri law, trucking companies are often required to pay punitive damages when they violate the federal motor carrier safety regulations.
My Missouri Truck Crash Law Firm specializes in truck accident crashes and we handle a lot of them. One thing I know is true in these types of cases - where there is smoke, there is fire. And if this company let Carmona drive on a revoked license, I would bet there are all kinds of other safety violations too.
From a human perspective, I pray these families find some peace any my heart goes out to them all.
From a legal perspective, I hope that the company is made to own up to every last cent of its responsibility to these families. The way the top truck accident lawyers do this is through a multi-step process that includes:
Sending out an accident reconstructionist (the Highway Patrol won't do everything we often want them to)
Downloading the black-box data from the truck;
Sending an evidence preservation letter to Robert Carmona and his truck company to make sure they do not destroy any crucial evidence;
Working with the state prosecutor to make sure Carmona is convicted criminally and not let off the hook.
It is not being reported what type of insurance coverage the trucker and the truck company carry, but in a case like this, I think they should easily be required to pay over $10 million to the families.
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Joshua P. Myers is the owner and President of Myers Injury Law, LLC and founding partner of Schultz & Myers, LLC. Based in St. Louis, MO, his law firm specializes in catastrophic truck accident cases throughout the Midwest. For more information about how his firm handles truck accidents, visit his Missouri Truck Accident Lawyer website or call to speak with him toll-free at 877.SUE.TRKS (877.783.8757). It is always free to discuss a case and there are never any fees until his firm recovers through settlement or verdict.
Five-Hundred Thousand Dollar Verdict Obtained for Missouri Truck Accident by Attorney Joshua P. Myers
I am proud to announce that this past Wednesday, a federal jury
returned a verdict in the case of Burroughs v. Zurich American Insurance
Company et al in the amount of five-hundred thousand dollars.As a Missouri Truck Accident Lawyer, this was especially gratifying given that the
two insurance companies against whom we proceeded to trial thought that they
had absolutely no liability.Of the two
insurance companies, one refused to offer a dollar before trial, while the
other offered a total of six thousand dollars.Ironically, before trial, I had told the insurer that offered six
thousand that I would recommend settlement to my client if they would pay
ten-thousand dollars.They refused to do
so.
The case centers around a car accident that occurred on March 9,
2007.At the time, my client was working
as an employer for the Flying J.He was
hauling a tanker truck east bound on Interstate 70 near Bryan Road in
Wentzville, Missouri.At that time, he
was driving in the far left lane.In the
lane to the right of him was another tractor trailer owned by Mackie Moving
Systems Corporation.They are a trucking
company out of Canada.As the two went
under the Bryan Road overpass, the Mackie truck suddenly swerved into my
client's lane.This caused my client to
hit the brakes and also swerve over to the left in which he nearly missed the
median.While doing so, he was fighting
his wheel and jerking it back and forth to avoid a bigger collision.There were two eye witnesses from the
scene.One of them explained what caused
the Macki e truck to swerve over into my client's lane.That was a white car that was coming off of
the Bryan Road overpass.As it got to
Interstate 70, it swerved left into another lane when it had no room to do
so.When it did this, it caused a red
truck to swerve left into the Mackie tractor trailer.This caused the Mackie truck to swerve left
into my client.The white car kept on
going and no one knows the identity of that driver.Thus, under the law, is considered an
uninsured motorist.
Thus, the case proceeded against Mackie Moving Systems Corporation and
the two insurance companies.The reason
that we were able to sue the two insurance companies was that both policies
carried a type of coverage known as uninsured motorist coverage.This type of coverage will compensate a
person for injuries caused by an unknown motorist-in this case the driver of
the white car.
As a result of the incident, my client suffered a herniated disc.He endured fifteen months of medical
treatmentstretching out over fifty-five
different doctor's appointments and culminating in a L5-S1 spinal fusion.At trial, the jury heard about the
eighty-eight thousand dollars in medical bills charged to my client as a result
of all of this medical treatment.The
trial lasted three days and was very contentiously fought.During closing arguments, I asked the jury to
send my clients home with nothing if they did not believe what I had been
telling them throughout trial.However,
if they did believe what I was telling them, I asked the jury to make the
insurance companies to pay my clients every last dime of what they
deserved.Specifically, I asked them to
return a verdict for five-hundred thousand dollars.After three and half hours of deliberation,
the jury did just that.
I am extremely pleased with the result and more importantly, I am
extremely pleased for my clients.This
was the culmination of two and a half years of litigation during which time
they felt like they had been called liars by the insurance company they had
been paying over the years to protect them.This case is just an example that if you fight hard, and have clients
who tell the truth, jurors will still award a fair amount.
Charles Martin Identified as victim of fatal Herculaneum Truck Crash on I-55
It has now been reported that 52-year-old Charles A. Martin of Perryville, Missouri was one of the two victims killed in Wednesday's catastrophic tractor-trailer collision on I-55 near McNutt Road. 28-year-old Alana McKnight has been identified as the other victim.
Charles was driving a 2005 Ford Focus at the time of the crash. It was one of three cars reportedly hit from behind by a semi tractor-trailer driven by Jay L. Valentine of Texas.
Mr. Valentine has not yet been charged in connection with this collision. However, that may still occur as the Missouri Highway Patrol continue to investigate the wreck. It is expected that it may be two more weeks before the report is finalized.
For now, our hearts and prayers go out to the families and loved ones of Charles Martin and Alana McKnight.
Name of Festus Victim Released in Herculaneum I-55 Truck Crash
28-year-old Alana McKnight has just been identified as one of the victims in Wednesday's fatal semi-truck crash on I-55 near McNutt Road in Herculaneum. Alana was killed when a tractor-trailer truck driven by Jay Valentine of Texas smashed into the rear of several cars, including hers. It is currently believed the wreck occurred because the semi truck driver was not paying attention. Previous posts about the accident can be viewed here:
Alana is a single mother who leaves behind a 10-year-old daughter. I thought the news coverage pictured above did a good job of capturing the lives she touched and the loss that will be left behind.
This is a senseless tragedy and my hearts and prayers go out to her family and most of all her young daughter. I would hope that someone will be setting up a fund to help support her daughter - if anyone knows of that, please leave the details here in the comment section.
Fatal Herculaneum I-55 Truck Accident - A Legal Analysis
Yesterday, I commented on a catastrophic truck accident that occured on I-55 near McNutt Road in Herculaneum, Missouri. You can read that original post on our St. Louis Personal Injury Lawyer Blog. Today, updated details have been released. As of yesterday, it was being reported that one person had died and several other had been severely injured. Unfortunately, two people have now died. This includes a 52-year-old man and a 28-year-old woman from Festus. Out of respect for the families, the names are being withheld.
One name that is being reported is that of Jay L. Valentine from Texas. He is identified as the truck driver who caused the collision. Authorities have not filed any charges against him, however, the Missouri State Highway Patrol will continue their accident reconstruction investigation which is expected to take up to two weeks.
As for the legal analysis, there are multiple potential claims here. First, Missouri's wrongful death statute applies and grants the right for the families of those killed to file a lawsuit. Under Missouri law, potential plaintiff's are divided into three classes:
Class 1 - this includes the parents, spouses, and/or children of the deceased;
Class 2 - brothers and sisters of the deceased;
Class 3 - a court-appointed representative.
Essentially how it works is that any person in Class 1 has priority to file a wrongful death claim. If there are no persons who fit into Class 1, then members of Class 2 have priority. Wrongful death claimants are allowed to recover by law, not only for the loss of their loved one, but also for the loss of the financial support. This means that minor children can recover for all of the years worth of financial support they would have received. Obviously this money is put into a protected fund to make sure it is not squandered or wasted, but rather is there to provide for the child as he or she grows older. Additionally, spouses can recover by law the financial support that they have been deprived of. This is often the case when the breadwinning spouse is killed. The other spouse, often a stay at home mom, is left with no source of income. Missouri law allows the wife in that situation to recover for all of her husband's lost income.
As a specialized Missouri Truck Accident Lawyer, I know the games the truck companies and their insurance companies play after a tragedy like this. They know they will have to compensate these families. Rather, they try to severely limit the amount they will pay. It happens every day. A great attorney who knows how to handle a truck accident case will make sure that they do not get away with this and pay these families equal to what they took away.
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) - click here for his Missouri Truck Accident Website. 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.
Semi-Truck Caused Wreck on Northbound I-55 at McNutt In Herculaneum
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)
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.
Truck Driver Injures 16 People in Highway 40 Pile-Up
Recently, truck driver Jeffrey R. Knight, caused an 11-car pile up on Highway 40 just west off Interstate 270 near Chesterfield, MO. Our initial report is that 16 were injured, including several fatalities. Ironically, the trucker was not injured.
Witness Frank Steinhoff was in the lane next to the trucker. Steinhoff estimated the truck was traveling approximately 75mph - well over the speed limit. He said the truck never slowed down, but rather "He kept going and hitting cars".
Sgt. Al Nothum of the Missouri Highway Patrol said that Knight basically "ran over several vehicles". Sgt. Nothum further stated that he had a pretty good idea of what caused Knight to leave this path of destruction, but declined to disclose the details. However, he did indicate that he did not believe drugs or alcohol played any role.
The destruction was so massive that authorities spray painted numbers on all of the cars involved for help in the investigation.
While Sgt. Nothum declined to elaborate on the cause of the wreck, as a St. Louis Car Accident Lawyer, I think it is reasonable to conclude that the truck driver fell asleep at the wheel. Fatigue is a very common problem for truck drivers and is often caused my a multiple of factors including "highway hypnosis" and driving over the hours. The federal motor carrier safety regulations govern both the conduct of truck drivers and truck companies. Truck drivers are required to log not only their driving hours, but also the hours that they are on duty, but not driving and also off-duty. However, Missouri Tractor-Trailer Injury Lawyers often find that drivers fudge these logs. This can be determined by comparing their logs with the bills of lading (delivery receipts) and the GPS tracking services equipped on these trucks.
When truck drivers break these laws, we go after the company for punitive damages to punish them for this dangerous conduct and deter them from doing it in the future. And there is no question that the driver's conduct in this case was extremely dangerous.
The injured included members of an Amish community who were returning from a funeral. Tragically, two of them, Charles Cason and Lydia Miller, died in the collision.
Additionally, Susan Borntreger and Alvin Mast were seriously injured. Anna Eicher was also injured but was listed in satisfactory condition.
Our hearts and prayers go out to those injured and the family members of those who didn't survive.
If you would like to speak with a St. Louis Personal Injury Lawyer, please call attorney Josh Myers at 314-720-2706 or toll free at 888-956-2487. It's always free to discuss your case and there are never any attorney's fee unless and until we recover for you.
Ramon Molina Injured In Crash With Semi-Truck on I-270 in St. Louis, Missouri.
At approximately 1 am on April 20, 2009, a 2005 Dodge Neon was involved in a serious accident with a semi-truck on I-270 in St. Louis, Mo. The Neon was driven by Ramon Molina and the Tractor-Trailer was driven by Mark Lipand of Hollywood, Florida. The details of how exactly the accident occurred are unknown, but we do know that the St. Louis Post-Dispatch is reporting the Neon became trapped underneath the semi-truck. The extent of Mr. Molina's injuries are unknown, but it must have been very serious as he was airlifted from the scene.
As a Missouri Semi-Truck Accident Lawyer, there is much investigation that needs to occur. Semi-truck accidents are very much unlike car accidents. This is because truck drivers are goverened by numerous regulations promulgated by the Department of Transportation. Additionally, while current reports do not detail how the accident happened, many times these details can be gathered by downloading the semi-truck's black box data. Many people are unaware that a semi-truck has a "black box" much like an airplane. It constantly records tons of information about how the truck was operating in the moments before the crash. For instance, it could possibly tell us if the truck was speeding, how long it had been driving (useful because truck drivers can only drive for certain periods of time), or if the truck suddenly slammed on the brakes.
Unfortunately, semi-truck wrecks often lead to severe injuries. When this happens, a St. Louis semi-truck attorney should be consulted. Unless your lawyer has specific expertise in this area, things will be missed. If you would like to speak with a St. Louis Truck Accident Lawyer, contact Josh Myers, owner of Myers Injury Law, LLC at 888.956.2487. It's always free to discuss your case and there is never any fee until we recover.
St. Louis Accident Lawyer Details Warren County Wreck on I-70 Involving Four Semi-Trucks
Just after noon on December 23, 2008, a multi-car wreck occurred on I-70 in Warren County, about 50 miles outside St. Louis, Missouri. The wreck involved 10 cars and four semi-trucks (tractor-trailers). Witness recount that there were several ambulances on these scene which were "taking people to the hospital left and right". The total number of injuries was not immediately known, but tragically, at least one person was killed in the wreck. The car wreck shut down I-70 for a number of hours.
A recent storm front moving through the area left the roads wet and icy. Missouri State Highway Patrol Sgt. Al. Nothum said that accident reconstructionsists had been dispatched to the scene, but it was not clear whether the road conditions were the cause of the car wreck.
St. Louis Car Wreck Lawyers will often rely on the opinions of accident reconstructionists. However, in this case, reconstruction will be much tougher because of the roads are so wet. With these conditions, there are often little or no skid marks and/or yaw marks. Thus, witness statements become imperative. This is why it is so important to get a St. Louis Lawyer involved immediately. We will have our investigator obtain detailed statements from all of the witnesses and we will often go out to meet the witnesses and stay in touch with them.
Memories change over time, and unless the evidence of witnesses memories are preserved immediately, you never know what you are going to get. In addition to witness statements, there are other reasons why an attorney should get involved immediately. This is because there are a number of semi-trucks (tractor-trailer, 18-wheelers) involved. Semi-truck drivers are goverened by a set of laws that do not apply to other drivers. Additionally, tractor-trailer trucks are often equipped with a "black box", much like air planes, which can tell us exactly what the truck was doing in the seconds before the wreck. However, this information is stored for only a short period of time. The best St. Louis semi-truck crash lawyers will obtain the black-box data immediately after the crash. This will tell us if the truckers were speeding and if they ever hit their breaks before the collision.
If you have been involved in a car wreck and would like to speak with a St. Louis Personal Injury Lawyer, contact Joshua P. Myers. You can contact me through my website or call 314-720-2706. It's always free to discuss your case and our fees are based on a percentage of what we recover.
In a tragic situation, Shirley Riffe, 47, of Barnhart, MO, was recently killed in a collision with a tractor-trailer.Riffe was a passenger in a SUV which was stopped on the shoulder of highway 50 in FranklinCounty.At approximately 1:40 pm, Shirley stopped the SUV to change a flat tire.The tractor-trailer, driven by Faron L. Billeck, of Centerville, TX, drove off the road and struck the SUV, as well as the boat it was towing.The collision caused the boat to become airborne.The boat then struck Shirley, who was pronounced dead at the scene.
This situation again shows how deadly semi-truck collisions can be on the road.They are essentially moving missiles.Had the driver just stayed on the road, none of this would have happened.It needs to be immediately investigated why the driver of the tractor-trailer drove off the road.A common issue in trucking cases is that drivers drive more than the allotted DOT hours, and they become tired and fall asleep at the wheel.A good Missouri trucking accident attorney can discover these facts by analyzing their logs and comparing that to the GPS positioning systems that most major truck carriers use.Additionally, the trucking company itself should be investigated as to whether it should have even hired Faron Billeck in the first place, or whether they improperly trained him.
Josh Myers is an experienced trucking accident attorney, exclusively handling serious injury cases throughout Missouri and Illinois.If you would like to discuss a potential case, feel free to contact him.It is always free to discuss a potential case.
In mid-September, a trucker was given a written citation for following too close after he caused a four vehicle pile-up.He was following a Ford truck on highway 17 when the Ford slowed to make a turn.The semi-truck then hit the rear of the Ford and swerved into an oncoming lane, where it hit a mail truck head on.The tractor trailer then overturned in the highway.
At that point, a Ford Expedition following the semi-truck swerved to avoid the wreck and ended up in a ditch.
In addition to proving that the truck was following too closely, it should also be investigated whether the trucking company was negligent for hiring this truck driver in the first place, or negligent in properly training him.Trucking accidents are much more complex than normal car accidents, and should not be left to an attorney who does not specialize in injury law.
If you have been injured in a car accident or truck accident, feel free to contact St. Louis personal injury lawyer Josh Myers to discuss your case.It is always free to talk about your case.
At the end of September, a jury awarded a $1.5 million to Ronny Martinez and Kenneth O'Neal.The two were injured in 2006 when they were riding in a car that was struck by a semi-truck.
The men filed suit against both the truck driver and the trucking company, Celadon Trucking Services.The truck driver was sued for his own negligence, while the trucking company was sued for the negligence of its driver, as well as being negligent in their decision to hire the driver in the first place.Ultimately, the jury found against both the truck driver and the trucking company.They also attributed some fault to Martinez, who was driving at the time.In their verdict, they awarded $750,000.00 for medical bills, and an additional $750,000.00 for personal injuries.
In semi-truck accident cases, it is necessary to investigate both whether the trucking company was negligent in their hiring practices as well as their training practices.There is no doubt there are a lot of unsafe drivers on the road.However, a lot of these collisions can be avoided by not putting them behind the wheel of a tractor trailer to begin with.
When you are searching for a truck accident attorney, this is why it is so important to hire a lawyer who specializes in nothing but injury law.They have to be familiar with pracices of trucking companies as well as the Department of Transportation's federal regulations.
If you are searching for a truck accident lawyer, feel free to contact injury attorney Josh Myers.We specialize in injury law and handle truck accident cases from all across the country.It is always free to discuss your case.
GAO Report Highlights Concerns of Unfit Truck Drivers
The U.S. Government Accountability Office recently reported that over a half-million drivers are rated as 100% disabled by other U.S. agencies.The study was instigated as a result of a request by the House Transportation sub-committee because they wanted to know the scope of the problem of medically unfit truck drivers on the road.Approximately 85% of the disabled drivers have active commercial driving licenses.
The report also gives several egregious examples:
A Virginia truck driver, disabled since 1995 for numerous medical issues, including an amputated leg.The truck driver said that his doctor tested his ability to use the prosthesis by pushing the doctor around the office in a rolling desk chair.Shockingly, that doctor has since had his medical license revoked.Incidentally, the driver's truck rolled over in a 2006 truck crash.
A Maryland truck driver, disabled since 2001 because of severe lung problems, last renewed his CDL in 2007.The driver had a medical certificate from a doctor; however, that examiner later indicated that the report was forged.
A Virginia school bus driver, disabled since 1998 for multiple sclerosis, had never even undergone a CDL medical examination.However, Virginia renewed the driver's CDL in 2006.Later that year, this driver was cited as the cause of a three car collision that injured sixteen people.
A Florida bus driver, disabled since 1994 for lung problems, admitted to investigators that he occasionally blacks out.That driver continues to serve as a substitute driver.
This study only scratches the surface when it comes to the medically unfit truck drivers on the road.Given the latest reform, it could not identify drivers who are just as medically unfit, but who had never applied for disability benefits.
If you have been injured in a collision with a semi-truck, it is essential to consult with an injury attorney specializing in truck accident cases immediately.While it may seem clear that the driver was negligent, often times the reason as to why they were negligent is not.A good truck accident attorney will investigate these issues.Often times, we sue not only the truck driver, but also the trucking company for hiring that driver in the first place.
If you have been injured in an accident with a semi-truck, feel free to contact St. Louis trucking accident attorney Josh Myers.It is always free to discuss your case and there is never any fee until we recover on your behalf.
Police and ambulance were called to the scene of a very bad truck accident in Herculaneum at approximately 7:30 am on Monday, August 4, 2008.The semi truck had collided with a least one other vehicle.The wreck was bad enough that it caused all lanes on southbound I-55 to be shut down.While there were injuries sustained, there is no word yet on how serious they are.
Emergency crews were called to the scene of an overturned semi-truck the afternoon of August 13, 2008.Apparently, the truck driver was making a left turn from eastbound Big Bend onto an entrance ramp of I-44.While doing so, the truck flipped over.Luckily, no one was injured in this accident.However, this incident highlights a possible bigger problem.As a Missouri truck accident lawyer, I often find that many times injuries are caused due to inexperienced drivers.This is why we will often file suit not only against the defendant driver, but also the trucking company that hired the driver for negligent hiring and retention practices.Many times, we find that the trucking companies will hire inexperienced drivers and do not adequately train them to drive a tractor trailer.Even so, they still put them out on the road.If you are searching for a St. Louis truck accident lawyer, make sure you find someone who is willing to go the distance, not only against the truck driver, but also the trucking company.Luckily, no one was injured in this accident, unfortunately, that is not always the case.
As any trucking accident attorney can tell you, one of the biggest threats on the road is a weary truck driver. The vast majority of the trucking accidents we see are caused by tired truckers. There are actually laws which regulate how long truckers may drive during a given time period. For approximately 60 years, the Federal Motor Carrier Safety Administration (FMCSA) stated that truckers could not drive for more than 10 hours at a time. However, approximately one year ago, they changed that regulation so that truckers could drive up to 11 hours at one time.
We recently passed the one year anniversary of a ruling by the D.C. Circuit Court in which they threw out that rule. In doing so, they indicated that the FMSCA had to adequately explain their decision to add the additional hour. Not only were they unable to do so, they freely admitted that "studies show that performance begins to degrade after the 8th hour on duty, and the degradation increases geometrically during the 10th and 11th hours." Essentially, the FMCSA candidly admitted that their new rule would lead to further performance degradation, which means more crashes.
I am not sure what motivated the FMCSA to increase driving hours. However, there is no question that the roads are going to be safer due to the overturning of this rule. I have handled a number of semi-truck collision cases. In every case, we get not only the driver's logs, but also the bills of lading, fuel receipts, and GPS tracking information. Basically, we get every piece of paper that can help us document how long the trucker had been driving. All too frequently, we find that the truckers have been forging their logs, and have been driving in excess of these regulations. If you have been involved in a trucking accident and need to speak to a Missouri or Illinois trucking attorney, feel free to contact Josh Myers.
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