Missouri Truck Accident Lawyer Blog

Our Missouri personal injury lawyers know that pedestrians are extremely vulnerable to serious, life-threatening injuries when they're involved in motor vehicle accidents. And when the vehicle is a large commercial truck weighing more than 10,000 pounds, the consequences of a crash can be even more catastrophic. Sadly, a recent semi-truck accident involving a young pedestrian getting off a school bus illustrates just how devastating these collisions can be.

The Federal Motor Carrier Safety Administration (FMCSA) has declared a North Carolina truck driver to be an "imminent hazard to public safety" after he struck and killed a child and left the scene of the accident. On April 23, authorities say a logging truck driven by 37 year-old Johnny Allen Spell passed a stopped school bus, struck a first-grader who was getting off the bus, and kept going. The child, 7 year-old Alyiah McKenzie Morgan, died en route to the hospital. According to WNCN-TV, the school bus's red lights were flashing and its stop sign was out at the time of the crash.

Within hours, police responded to a tip and located Spell and his vehicle about 30 miles away from the accident site. Spell has since been charged with numerous criminal offenses, including involuntary manslaughter, hit and run, driving while impaired and passing a stopped school bus. Thus far, investigators have declined to say whether Spell was under the influence of alcohol or drugs when the accident occurred. At present, he is being held in the Sampson County Jail on a $200,000 bond.

Spell reportedly has a criminal history that dates back to 1993. Official records indicate that he was also charged with DWI in 2008, and he was cited for driving without an operator's license only a week prior to the accident. Spell also has multiple drug convictions on his record, and it's unclear why his employer had allowed him to drive the logging truck in the first place.

A few days after Spell's most recent arrest, FMCSA officials ordered him not to operate any commercial vehicle and also launched an official investigation into his employer, Ricky Lucas Trucking. "FMCSA will continue to assist state and local law enforcement officials, who are leading the investigation, in every way possible," said FMCSA Administrator Anne S. Ferro in an official news release. "We demand that commercial drivers operate their vehicles with a high regard for public safety."

Continue reading "Semi-truck driver jailed after fatal hit and run accident" »

As Missouri personal injury lawyers, we know that accidents involving large commercial trucks and passenger vehicles often have disastrous consequences. More often than not, it's passenger vehicle occupants who suffer serious, life-threatening injuries in these crashes. In 2011 semi-truck accidents, passenger vehicle occupants accounted for 66% of fatalities, while only 16% of the fatally injured were the occupants of large trucks. So, what factors contribute to these devastating crashes? In this post, we discuss three leading causes of accidents involving large commercial vehicles.

Common causes of Missouri semi-truck accidents

• Driver fatigue. Because fatigue has proven to have an extremely detrimental effect on truckers' driving performance, federal regulations exist to limit the amount of time a driver can spend behind the wheel in a single shift. Unfortunately, some drivers and companies simply don't comply with these regulations. According to the Federal Motor Carrier Safety Administration's Large Truck Crash Causation study, 13% of semi-truck drivers who were involved in crashes were found to be fatigued. And the Insurance Institute for Highway Safety reports that truckers who have been driving for more than an eight-hour stretch are twice as likely to be involved in a crash.

• Driver distraction. Effective January 3, 2012, federal law prohibits all commercial truck drivers from using a hand-held cell phone while driving. The national ban was enacted in response to several studies that found any form of cell phone use significantly increased a trucker's accident risks. One such study, conducted by the Virginia Tech Transportation Institute, found that a "safety-critical event" is 163 times more likely to occur when a truck driver is using a cell phone to text, email, or surf the internet. In fact, simply reaching for a hand-held electronic device makes a trucker about three times more likely to cause an accident. And cell phones aren't the only source of driver distraction: FMCSA officials say eating, drinking, smoking, and fixating on "non-driving related objects" can also increase a truck driver's crash risk.

• Speeding. FMCSA officials say speed is a key contributing factor in many semi-truck accidents. The Large Truck Crash Causation Study found that 23% of semi-truck accidents occurred when truckers were traveling too fast for conditions, which is defined as "traveling at a speed that is greater than a reasonable standard for safe driving." Large trucks handle very differently than passenger vehicles, so it's imperative that truckers adjust their speed accordingly when they encounter wet roads, heavy traffic, construction zones, and other potential hazards. Failing to do so can be a fatal mistake.

Continue reading "Missouri semi-truck accidents: 3 common contributing factors" »

Our Missouri personal injury lawyers know that bus accidents can have catastrophic consequences for passengers. Sadly, all too many of these crashes are caused by unsafe motorcoach companies and their drivers. Over the past two months, the Federal Motor Carrier Safety Administration (FMCSA) has shut down 15 bus companies nationwide, including seven passenger carriers that were declared imminent hazards to public safety and eight that received "unsatisfactory" ratings following safety compliance reviews.

According to a FMCSA news release, the agency recently deployed "more than 50 specially trained safety investigators throughout the country to begin targeted and in-depth inspections of higher risk motorcoach companies." This crackdown on bus safety comes in the wake of several recent bus accidents that resulted in multiple injuries and fatalities.

• March 2013, Pennsylvania: Three people were killed and three others were hospitalized with injuries when a bus carrying the Seton Hill University women's lacrosse team ran off the road and crashed into a tree. Among the dead were the team's coach, who was six months pregnant; her unborn child; and the bus driver. Investigators say there were no intoxicants found in the driver's system and suspect he may have suffered a sudden traumatic medical event.

• February 2013, California: A tour bus rear-ended a car as it descended a mountain road near Big Bear, causing the bus to overturn and collide with a pickup truck pulling a trailer. Eight passengers were killed and 38 were injured in the accident. The driver, who survived the crash, reportedly told police that the bus experienced brake problems as it traveled down the mountain.

• December 2012, Oregon: Nine people died and 39 were injured when a tour bus skidded off an icy highway and slid down a 200-foot embankment. An investigation found that the bus driver was traveling too fast for roadway conditions and had been on duty for 92 hours in the week leading up to the crash, exceeding the federal limit of 70 hours.

• August 2012, Illinois: A Megabus traveling from Chicago to Kansas City crashed into a concrete median on Interstate 55, killing a University of Missouri student and injuring 38 other passengers. According to the Illinois State Police, the accident was caused by a blown tire on the double-decker bus, which was loaded to capacity. The crash prompted a FMCSA bulletin about weight limits for tires on fully-loaded buses.

Continue reading "Unsafe bus companies, drivers targeted by FMCSA after recent fatal accidents" »

A semi-truck can be a deadly weapon, especially when operated by a careless or negligent driver. As Missouri truck accident lawyers, we know that truck driver fatigue can be a serious threat to roadway safety, especially for the occupants of smaller passenger vehicles. Research from the Insurance Institute for Highway Safety (IIHS) indicates that truckers are twice as likely to crash when they've been behind the wheel for more than eight consecutive hours. And when these accidents happen, the aftermath can be devastating.

Recently, the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) issued an imminent hazard out-of-service order to a Michigan trucking company and one of its drivers. The order comes just weeks after the truck driver, 47 year-old Ibrahim Fetic, caused a fiery three-vehicle crash that left six people dead. According to WAVE-TV, the accident happened on March 2 in Hardin County, Kentucky. Authorities say Fetic's rear-ended an SUV on Interstate 65, causing the smaller vehicle to slam into the car in front of it and catch fire.

Six people in the SUV were killed, including the driver, 62 year-old James Gollnow; his wife, 62 year-old Barbara Gollnow; their daughter, 18 year-old Sarina Gollnow; a family friend, 92 year-old Marion Champnoise; and two foster children, 10 year-old Gabriel Zumiga and 8 year-old Soledad Smith. Two other passengers - also foster children of the Gollnows - were injured: 15 year-old Hope Hoth, who suffered from burns and a broken spine; and 12 year-old Aidian Ejnik, who suffered several cuts to the back of his head. The family was returning home to Wisconsin after a Florida vacation.

An investigation of the crash revealed the following:

• Troopers from the Kentucky State Police initially reported that the semi was following the SUV too closely. At the scene, Fetic said he "saw the vehicle that was in front of him and he hit the brakes and he didn't them in time," said Master Trooper Norman Chaffins.

• According to FMCSA officials, Fetic was driving well in excess of federal hours-of-service regulations, which govern the amount of time a truck driver can spend behind the wheel. Investigators examined eight of Fetic's record-of-duty status logs and found that all eight had been falsified.

Continue reading "Truck driver in fatal crash had exceeded hours-of-service regulations, falsified status logs " »

One of the deadliest kinds of semi-truck accidents occurs when a smaller vehicle collides with the back of a truck's trailer. Federal law requires most semi-trailers to be equipped with underride guards, which are metal bars that are designed to stop smaller passenger vehicles from sliding underneath trailers when collisions occur. However, as our Springfield semi-truck accident lawyers know, these guards don't always work.

In early March, the Los Angeles Fire Department released shocking photos of a wrecked Corvette that had rear-ended a moving box truck. The Corvette is shown pinned underneath the truck up to its rear axles, its top completely torn off. Authorities say the only reason the driver survived is because he had the presence of mind to duck immediately prior to impact. Miraculously, he escaped with only minor injuries - but it's apparent that the truck's underride guard didn't do its job.

Recently, researchers from the Insurance Institute for Highway Safety (IIHS) conducted a series of crash tests on trailers built by the industry's eight largest manufacturers. These tests specifically examined the functionality of each trailer's underride guard. Here's what they found:

• All eight trailers passed the first crash test, in which a 2010 Chevrolet Malibu rear-ended the center of a parked truck's trailer at a speed of 35 miles per hour.

• Seven trailers passed the second crash test, in which only half the width of the Malibu struck the back of the trailer.

• Only one trailer passed the third and toughest test, in which only 30% of the Malibu overlapped with the back of the trailer. According to the IIHS's news release, a 30% overlap is used "for the most challenging underride test because it is the minimum overlap under which a passenger vehicle occupant's head is likely to strike a trailer if an underride guard fails."

"When an underride guard fails, it's a very devastating crash," explains David Zuby, chief research officer for the IIHS. "The first point of impact is on the windshield. Then the top of the passenger compartment is sheared off."

Continue reading "IIHS: Underride guards don't always protect drivers from fatal semi-truck crashes" »

Missouri semi-truck accidents can result in serious, life-threatening injuries, especially when they involve smaller passenger vehicles. The good news: when drivers are attentive and proactive, many of these dangerous crashes can be prevented. In this post, our Springfield personal injury lawyers discuss the importance of responsible, defensive driving, especially when sharing the road with a semi.

The Federal Motor Carrier Safety Administration (FMCSA) has identified several behaviors in passenger vehicle drivers that commonly contribute to collisions involving semi-trucks. According to FMCSA officials, these behaviors fit into four key categories:

• Errors in judgment. FMCSA officials say inattention is the leading contributing factor in semi-truck/ passenger vehicle accidents. Regardless of the source, driver distraction inevitably leads to lapses in judgment - and when you're traveling near a semi, running a red light or stop sign can be a deadly mistake. The best way to avoid a collision is to stay completely focused on the task of driving.

• Speed-related behaviors. The faster you're going, the less time you have to react when unexpected situations present themselves - and compared to passenger vehicles, loaded semi-trucks can require 20 to 40% farther to stop. Speed also affects an accident's severity because it increases crash energy - in other words, accidents are more likely to result in serious injuries when they occur at high speeds. It's essential that drivers adjust their speed for roadway conditions. Slow down when you're traveling in inclement weather, passing through a construction zone, or dealing with heavy traffic, and allow plenty of extra space, particularly when following a semi.

• Right-of-way or headway-related behaviors. Failing to yield the right-of-way to a large truck can be extremely dangerous. Never cut off or pull out in front of a semi, because it may not be possible for a trucker to slow down or stop in time to avoid hitting you. Assessing headway (the distance between one vehicle and another approaching vehicle) can also be difficult when it comes to large trucks. Because of their size, semi-trucks can appear to be moving slower than they actually are. Always err on the side of caution when passing, turning and crossing the roadway in front of an oncoming semi.

• Lane change or position problems. FMCSA officials cite several risky behaviors that fall into this category, including merging improperly and changing lanes abruptly in front of a large truck. Remember that trucks handle very differently than passenger vehicles, and they're often unable to execute sudden maneuvers. You'll also want to avoid lingering in a semi's oversized blind spots - remember, if you can't see a truck's side mirrors, the driver can't see you.

Continue reading "Avoiding semi-truck accidents: What Missouri drivers can do" »

As Missouri truck accident lawyers, we know that passenger vehicles are no match for fully-loaded semi-trucks. After all, semis can weigh more than 10,000 pounds, meaning they can weigh nearly 30 times more than the passenger vehicles traveling near them and they also require about 40% more time to come to a complete stop. When a trucker rear-ends an average passenger vehicle, the outcome is often catastrophic for passenger vehicle occupants.

Recently, six family members were killed on I-65 in Kentucky when a semi-truck rear-ended a Ford Expedition. According to FOX6 News, the Expedition burst into flames upon impact and then rear-ended the car in front of it, a Toyota Camry. Authorities say the deceased were all occupants of the Expedition: James and Barbara Gollnow, both age 62; their friend, 92 year-old Marion Champnise; their 18 year-old daughter, Sarina; and their two foster children, 10 year-old Gabriel Zumig and eight year-old Soledad Smith. Two other children - also foster children of the Gollnows - were able to escape the vehicle and survive the crash, but both suffered injury. The family was reportedly traveling home to Wisconsin after taking a vacation in Orlando, Florida.

The driver of the Camry was also injured in the accident, but the semi-truck driver was not hurt. Local police have not yet determined what factors contributed to the crash, but FOX6 reports that "distracted driving is among the causes being investigated." Police told the Milwaukee Journal-Sentinel that the truck driver said "he saw the vehicle that was in front of him and he hit the brakes and he didn't hit them in time...There was a reason for that and we're trying to figure out what the reason was."

Rear-end collisions involving semi-trucks: Facts and statistics

• According to the Insurance Institute for Highway Safety (IIHS), 3,373 people were killed in 2011 accidents involving large commercial trucks. Of that number, 66% were the occupants of other passenger vehicles; 16% were pedestrians; motorcyclists or bicyclists; and 16% were semi-truck occupants.

• The Federal Motor Carrier Safety Administration (FMCSA) reports that 18% of all semi-truck crashes are rear-end collisions. Further, there are 50% more "truck-striking" rear-end collisions than "truck-struck" rear-end accidents.

• When faulty brakes are combined with a semi's required stopping distance, the result can be deadly. A FMCSA study of Michigan semi-truck accidents indicated that over 53% of semi-trucks that rear-ended other vehicles had a least one brake safety violation.

Continue reading "Rear-end collisions involving semi-trucks often prove fatal for passenger vehicle occupants" »

As Missouri personal injury lawyers, we know that semi-truck accidents commonly have disastrous consequences for the occupants of smaller vehicles. Pedestrians, however, are even more at-risk for fatal injury when they're involved in collisions with semis, because they're completely unprotected from the immense force of impact. In this post, we share some tips to help pedestrians avoid collisions with these massive commercial trucks.

• Use designated walkways whenever they are available. When traveling on foot, stick to the sidewalk, and if you absolutely must cross a busy roadway, do so at intersections or crosswalks. Also, allow extra distance between yourself and the road as you stand on corners while waiting to cross. Because of their size, large truckers have to make wide right turns, and it's common for them to ride up on the corners of sidewalks. If a truck driver is distracted or impaired, these wide right turns can pose an even greater threat to pedestrians. Make sure you're as far out of harm's way as possible.

• Avoid lingering in truckers' blind spots. Semi-trucks have several oversized blind sports (also known as "No Zones") that make it extremely difficult for truck drivers to see other vehicles around them - and pedestrians are at an even greater disadvantage, because they're even smaller and more difficult to see. You should always assume that a trucker can't see you, and act accordingly to protect yourself from a collision. In particular, avoid walking behind a truck when it's backing up - semi- trucks don't have rearview mirrors, so if you can't see a truck's side mirrors, the driver almost ertainly can't see you.

• Take steps to make yourself more visible to other truck drivers. Especially when walking at night, wear brightly colored clothing and reflectors to make yourself more conspicuous to passing truck drivers. Carrying a flashlight can also help increase your chances of being seen.

• A significant number of accidents cause life-threating injuries to "highway pedestrians," or motorists who are left stranded when their vehicles break down on busy roadways. If you find yourself in this predicament, pull your vehicle as far right as possible, stay inside the car, turn on your flashers and call for help. If your vehicle can't be moved, turn on your flashers, move as far away from the roadway as possible and wait for authorities to arrive.

• Never assume a trucker will stop for you. Don't forget that loaded tractor trailers require 20 to 40% more room to stop than a passenger vehicle (and they need even more room if roads are wet or slippery or if the truck's brakes are poorly maintained). Avoiding crossing into the path of an oncoming truck, even if you think you have the right of way or you think the trucker sees you. Unfortunately, even if a trucker sees you, he or she simply may not be able to stop in time to avoid a collision.

Continue reading "Pedestrians & Missouri semi-trucks: A deadly combintation" »

As our Missouri personal injury lawyers know, serious injuries are common in semi-truck accidents. According to the National Highway Traffic Safety Administration (NHTSA), traffic fatalities decreased by nearly 2% in 2011. However, there was a marked increase (about 20%) in fatal accidents involving large commercial trucks. Government officials say they are "working with the Federal Motor Carrier Safety Administration to gather more detailed information on the large truck occupant crashes to better understand the increase in fatalities in 2011."

Why are semi-truck accidents so dangerous?
Numerous factors can contribute to accidents involving semi-trucks, including the following:

• Size and weight. Passenger vehicles are simply no match for semi-trucks, especially not when a collision occurs at highway speeds. In 2011, 3,373 people died in accidents involving large trucks: 66% of those deaths were passenger vehicle occupants, and 16% were motorcyclists, bicyclists or pedestrians. Semis can weigh 20 to 30 times as much as the average passenger vehicle, which means they can cause catastrophic damage to these smaller vehicles, and to their occupants. Furthermore, because of this discrepancy in size and weight, big trucks handle differently than other kinds of vehicles, often requiring at least 20 to 40% farther to stop. Under certain circumstances, large trucks may be simply unable to swerve or stop in time to avoid a collision.

• Blind spots. Semis are taller and have greater ground clearance than other kinds of vehicles, which can make it difficult for truckers to see vehicles traveling near them. Also, because of their large trailers, semis have oversized blind spots on the side of the truck, behind the truck, and in front of the truck's cab. Semi-trucks don't have rearview mirrors, so if you can't see a truck's side mirrors, you should assume the truck driver can't see you.

• Driver fatigue. Truck drivers commonly work long shifts, and even though FMCSA regulations limit the amount of time a trucker can drive in a single stretch, surveys reveal that drivers commonly violate these regulations. NHTSA officials say fatigue is a contributing factor in 30 to 40% of all semi-truck accidents, and is also the probable cause in more than 30% of crashes that cause fatal injury to the truck driver.

Because of these risk factors, Missouri drivers should use special caution when traveling near semis on our state's roadways. We encourage you to allow extra space, avoid lingering in trucker's blind spots, and remember that large trucks need more room to come to a complete stop. These simple steps might just save someone's life.

Continue reading "Semi-truck crash deaths on the rise in Missouri, nationwide" »

Since we work with auto accident victims, our lawyers know that numerous factors can contribute to collisions resulting in injury. One such factor is fatigue, which can severely impair a driver's ability to assess roadway situations and respond to them appropriately. And when a fatigued driver is behind the wheel of a fully loaded bus, the potential for disaster is even greater.

In recent years, numerous fatal motorcoach accidents have involved drivers who violated federal guidelines that limit the length of bus drivers' shifts. In January, a New York bus driver was sentenced to six years in prison for causing a serious crash that killed four passengers and injured 50 others. During his criminal trial, the driver admitted to falling asleep at the wheel. A federal investigation revealed that he had complained of fatigue in the days leading up to the accident, but his employers reportedly forced him to continue his route. After the crash, the company - Sky Express - was shut down by officials from the Federal Motor Carrier Safety Administration (FMCSA).

How does fatigue impact a bus driver's performance?

• Studies indicate that the human brain's ability to function begins to deteriorate after an individual is awake for more than 13 hours. After being awake for more than 17 hours, the individual's ability to perform driving-related tasks is comparable to having a blood-alcohol level of 0.05%. Being awake more than 23 hours is like being legally intoxicated.

• According to the National Highway Traffic Safety Administration (NHTSA), driver fatigue contributes to more than 100,000 auto accidents every year.

• Researchers at the Virginia Tech Transportation Institute (VTTI) estimate that drowsy drivers are four to six times more likely to cause a collision.

What are some common myths about driver fatigue?

• Drinking coffee or other caffeinated beverages helps to prevent drowsy driving. Caffeine can make you feel more alert, but the effect is only temporary. Caffeinated beverages are not a substitute for sleep - in fact, the National Safety Council reports that "[p]eople who take stimulants while severely sleep deprived are likely to have 'micro sleeps,' which are essentially four- to five-second naps. A vehicle travelling 55 mph can cover more than 100 yards in four to five seconds - plenty of time for an accident."

• I'm not at risk for drowsy driving because I can tell if I'm about to fall asleep. Drowsiness is an involuntary human response to fatigue: it can't be controlled.

• If I feel sleepy when I'm behind the wheel, I just roll down the window or turn up the radio to help keep myself alert. Scientifically, neither of these methods has any impact on a driver's alertness.

Continue reading "Bus driver fatigue poses a serious threat to passenger safety in Missouri & nationwide" »

As Missouri personal injury lawyers, we know that accidents involving semi-trucks commonly cause catastrophic, life-threatening injuries. Because of their immense size and weight, semi-trucks (and other commercial vehicles) handle differently than passenger cars and trucks. They require more time and space to speed up, to slow down, to turn and to stop. When a commercial truck collides with a smaller passenger vehicle, the potential for damage is enormous - and it's not difficult to guess who usually gets hurt. In 2009 fatal crashes between passenger vehicles and large trucks, 98% of deaths were passenger vehicle occupants, according to the Insurance Institute for Highway Safety (IIHS).

Facts about semi-trucks

• A semi-truck can weigh 20 to 30 times as much as an average passenger vehicle.

• A semi with a fully loaded trailer requires 20 to 40% further to stop than the average passenger vehicle.

• The chance of a semi-truck accident resulting in a fatality increases with every ton of extra weight added beyond 80,000 pounds.

Driving responsibly near big trucks

• Give big trucks plenty of room. Don't follow too closely or encroach on the lane a large truck is traveling in. Allow even more space in inclement weather and at highway speeds.

• Never cut in front of a semi-truck. Again, they simply can't stop as quickly as you can. If you try to force a large truck to stop suddenly, you could cause a serious, even fatal accident. When you pass a semi on the highway, wait until you can see the front of the truck in your rearview mirror before shifting back to the right lane.

• Avoid what FMCSA authorities refer to as "squeeze play." Squeeze play occurs when a passenger vehicle attempts to cut between a semi-truck and the curb as the truck attempts to swing left and make a wide right turn.

• Make yourself visible to truck drivers. Statistics indicate that about one-third of collisions between large trucks and passenger vehicles occur in the truck's oversized blind spots. Semi-trucks don't have rearview mirrors, so truckers exclusively use their side mirrors to monitor nearby traffic. Remember that old rule of thumb: if you can't see a semi-truck's side mirrors, you should assume the driver can't see you. Don't linger in truckers' blind spots, also known as "No Zones," which are located along the side and immediately behind a semi-truck.

• Pay attention to a truck's turn signals and brake lights. These signals indicate that a truck is about to perform a maneuver - and they may also indicate that a truck driver doesn't see you. Be alert and attentive when traveling near a semi.

Continue reading "Catastrophic, life-threatening injuries common in Missouri semi-truck accidents" »

As our Springfield truck accident lawyers know all too well, many collisions are 100% preventable, and yet they happen anyway. Sadly, it's often a driver's error or negligence that leads to accidents resulting in injury. And when a driver is operating a large commercial vehicle like a bus, even more lives are at stake.

This week, a bus driver was sentenced to six years in prison for causing a fatal bus crash near Richmond, Virginia in May 2011. According to The Free Lance-Star, 38 year-old Kin Yiu Cheung's bus was en route to New York from Greensboro, North Carolina when Cheung fell asleep at the wheel. The bus ran off the road, struck an embankment and overturned. Of the 58 people on board, four were killed and more than 25 were injured. After the crash, Cheung admitted to authorities that he'd fallen asleep. He was treated for minor injuries at the scene and then arrested for reckless driving. Surviving passengers reported that Cheung had been driving erratically, swerving and changing speeds, for about an hour before he ran off the road.

Investigators later discovered that Cheung's employer, Sky Express, had been cited by the Federal Motor Carrier Safety Administration (FMCSA) multiple times in recent years, including 46 citations for driver fatigue and 17 citations for unsafe driving. Following a 13-month investigation, the National Transportation Safety Board (NTSB) determined that the crash was caused partially by Cheung's "acute sleep loss" and partially by inadequate oversight on the part of Sky Express and the government. "This crash never should have happened," said NTSB Chairman Deborah A.P. Hersman. "It was entirely preventable. Those travelers were failed at three levels: by the driver, the operator and the regulator."

Ultimately, Cheung was convicted of four counts of involuntary manslaughter. He was sentenced to 40 years in prison (10 years for each count) with 34 years suspended. "This wasn't an issue of chance. This was an issue of choice," said Judge Joseph Ellis at Cheung's sentencing hearing.

The crash brought national media attention to a growing safety problem in the bus industry: carriers like Sky Express, which operate using inexpensive buses and offer extremely cheap rates. Sky Express was shut down after the accident, and in June 2012, FMCSA officials shut down 26 similar bus operators in "the largest single safety crackdown in the agency's history." All 26 operators reportedly had "multiple safety violations, including a continuous pattern of using drivers without valid commercial driver's licenses (CDLs) and failure to have alcohol and drug testing programs."

Continue reading "Bus driver sentenced to 6 years in prison for causing fatal crash" »

Sharing the road with semi-trucks is an inevitable part of roadway travel in Missouri. In order to travel safely, drivers of smaller passenger vehicles must be mindful of large trucks' physical capabilities and limitations. In this post, our auto accident lawyers share some basic safety tips to help you avoid accidents involving semis and arrive safely at your destination.

Make yourself visible to truck drivers. Because of their size and height, semi-trucks have much larger blind spots than passenger vehicles. Remember, semi-trucks don't have rearview mirrors: if you can't see a trucker's side mirrors, he can't see you. Avoid lingering in a semi-truck's blind spots, which exist along the front end of the truck and down the sides of the truck's trailer.

Allow extra space between your vehicle and a semi-truck. Following a semi too closely can be incredibly dangerous. If a trucker attempts to perform an emergency maneuver and you rear-end the trailer, you can suffer serious, even life threatening injuries. Safety advocates say you should leave about 20 to 25 car lengths between your vehicle and a semi traveling in front of you. In inclement weather or in poor roadway conditions, you'll want to leave even more space.

Never cut off or cut in front of a semi-truck. Semi-trucks can't execute emergency maneuvers as quickly or as efficiently as passenger vehicles, because they're simply too large and too heavy. Cutting in front of a semi could be a deadly mistake, as the trucker may be unable to slow down in time to avoid a collision. On average, a fully loaded semi requires approximately 20 to 40% farther to stop, compared to most passenger vehicles.

Be cautious when passing a semi-truck. When passing a semi, do so quickly while maintaining a consistent speed and stay toward the outside of your lane. Never pass a large truck on the right - a trucker's blind spots are even larger on that side of the vehicle. After passing, be sure to wait until you can see the truck's headlights in your rearview mirror to shift back into the right lane.

Report unsafe truck drivers to law enforcement officials and trucking companies. If you observe a trucker driving dangerously, contact police to report the vehicle - though you should pull over in a safe place before doing so, or allow a passenger to make the call. Keep your distance, and don't challenge the truck. You can also call the 800-number posted on the back of many commercial vehicles and report the trucker's behavior to his or her employer.

Continue reading "Sharing the road with semi-trucks: Safety tips for Missouri drivers" »

Semi-trucks are considerably larger and heavier than passenger vehicles - in fact, a fully loaded tractor trailer can weigh 20 to 30 times as much as the average car or truck. When these large trucks collide with passenger vehicles, the result is often serious injury, usually to the passenger vehicle occupants. In 2010 fatal two-vehicle crashes involving a semi and a smaller vehicle, 97% of fatality vehicles were passenger vehicle occupants. In this post, our Missouri truck accident lawyers discuss one common injury often caused by semi-truck/passenger vehicle crashes: whiplash.

What is whiplash?

Whiplash is a non-medical term referring to soft-tissue damage in the neck, often caused by the sudden jerking motion that occurs during rear-end or front-end collisions. According to WebMD, whiplash "is characterized by a collection of symptoms that occur following damage to the neck. In whiplash, the intervertebral joints (located between vertebrae), discs, and ligaments, cervical muscles, and nerve roots may become damaged."

Whiplash: A few facts and statistics

• Annually, approximately 120,000 people suffer from whiplash throughout the U.S.

• Whiplash and other soft tissue injuries can occur at speeds as low as five miles per hour.

• About half of all soft tissue injuries in the neck can be attributed to auto accidents, many of them low-speed rear-end collisions.

What are the main symptoms of whiplash?

Symptoms of whiplash may not appear immediately - in fact, they sometimes don't show up until hours (or even days) after an accident occurs. These symptoms may include:

• Pain or stiffness in the neck, lower back, shoulders, or between the shoulder blades
• Reduced range of motion
• Headaches that recur or escalate in intensity
• Pain or numbness in the arms or hands
• Burning, prickling, tingling, or other unusual sensations in the arms or hands
• Dizziness or blurred vision
• Difficulty sleeping, fatigue, or irritability

Seeking medical treatment for whiplash

If you've been involved in a semi-truck accident and you think you may have whiplash, it's essential that you see a doctor immediately. Without proper treatment, whiplash can lead to numerous other medical issues, including pinched or damaged nerves or blood vessels; spinal fractures; joint or ligament injuries; and hematomas. Depending on the severity of your injury, treatment may involve medication, injections, physical therapy chiropractic care, and/or surgery.

Recovery time also varies depending on the circumstances. According to the San Francisco Spine Institute, some patients can recover within a matter of weeks, but others need much longer: within a year of the injury, only about 70% of whiplash victims had recovered entirely, and about 15 to 20% had developed chronic pain. Given the long term costs associated with more serious injuries, it's often wise to discuss your legal options with an attorney.

Continue reading "Whiplash: A common injury in Missouri semi-truck accidents" »

In this post, our Missouri truck accident lawyers answer five questions we frequently hear from the victims of semi-truck crashes.

Missouri semi-truck accidents: Five frequently asked questions

1. What is a commercial truck?
A commercial truck is a large vehicle weighing more than 10,000 pounds that is used in the transportation of goods or related business. These trucks typically consist of a single-unit truck or tractor and one or more trailers. The Federal Motor Carrier Safety Administration (FMCSA) sets a commercial vehicle maximum weight of 80,000 pounds. This means that commercial trucks can weigh 20 to 30 times as much as the average passenger vehicle, and they typically require 20 to 40% farther to come to a complete stop.

2. Are semi-truck accidents more dangerous than collisions involving other kinds of vehicles?
Yes, especially for the occupants of passenger cars and trucks. In collisions involving semis and smaller vehicles, occupants of the small vehicles are considerably more vulnerable to serious, life threatening injury. According to the Insurance Institute for Highway Safety (IIHS), 3,413 people were killed in U.S. crashes involving commercial trucks. Of those fatalities, only 14% were the occupants of the commercial trucks. By comparison, 72% of those killed were occupants of passenger vehicles, and 13% were pedestrians, bicyclists or motorcyclists.

3. What factors commonly contribute to collisions between commercial trucks and passenger vehicles?
There are several factors that often play a role in semi-truck accidents, including the following: driver error; fatigue; distraction; speeding; truck limits (such as braking distance and visibility); equipment failure; and improperly loaded trailers.

4. What steps should I take if I've been injured in an accident caused by a commercial truck driver?
First and foremost, you'll want to seek medical treatment and report the accident to law enforcement officials. Receiving prompt treatment for your injuries will help protect your right to compensation in the future, and an accident report will provide a formal record of how the accident happened and what factors may have been involved. You'll also want to notify your insurance company about the crash. Finally, it's often wise to seek legal advice - and the sooner, the better. Personal injury claims connected to commercial truck accidents can be extremely complicated, often involving the truck driver and the trucking company (among other parties). An attorney can give you an idea of your options and help you determine the best way to proceed.

5. What kind of damages can I recover in a personal injury claim?
If you've been injured in a Missouri crash caused by a negligent truck driver, you may be entitled to compensation for your losses. Depending on the circumstances surrounding your accident, you may be able to recover compensation for your medical bills, lost wages, pain and suffering, and disability.

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