December 2011 Archives

Two Poplar Bluff, Missouri School Bus Accidents Raise the Question: How Do Children Cope?

December 30, 2011

257926_school_bus.jpgLuckily, school bus accidents are uncommon. But the Butler County auto accident attorneys know that they do happen, and that it can be hard for a child to deal with such an experience. Even minor bus accidents can be frightening for the children who are passengers; in fact, simply seeing one on the news can be scary. It's important for parents to be aware of what their children are feeling in the aftermath of a bus accident: indeed, a Poplar Bluff school bus accident did happen recently, and the death of a 6 year old from a bus accident in Callaway County last January has been in the news again.

Poplar Bluff School Bus Accidents
The recent accident occurred on November 17, about two miles east of Poplar Bluff. Shortly after 3 p.m., the school bus was stopped on Route NN to off-load students when a woman driving a 2001 GMC struck the bus, sending nine kids to the hospital, all with minor injuries. (Incidentally, a second school bus accident had happened locally only seven days earlier: a car ran into the front wheel of an R1 bus. None of the students were hurt in that collision, and the bus was able to continue driving.)

And several media outlets are reporting on the criminal charges filed against a school bus driver stemming from a Callaway County accident last January. The driver was charged with involuntary manslaughter (a Class D felony) after he ran over and killed a 6 year old boy: he has since pled guilty to those changes, and could be facing up to four years in prison.

Monitoring Your Child After a School Bus Accident
For most kids, death is an intimidating mystery. It's hard for them to wrap their minds around any kind of tragedy or loss of life. There is no "normal" reaction for anyone who survives or witnesses a traumatic event, like a fatal traffic accident or school bus incident. Some kids will go along like nothing has happened; some will show signs of depression; and some will feel very happy and relieved to have survived. Still others will feel guilty for surviving. Remember, as a parent, you know your child best: it's important to monitor the situation, and create opportunities to talk about it.

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Who's Involved in My Kansas City, Missouri Semi Truck Acccident Claim?

December 29, 2011

1042539_truck_delivery.jpgIn the aftermath of a Missouri truck accident, there are often many parties involved beyond those who actually experienced the collision: different agencies, corporations, insurance companies and investigators all become part of the picture. The Jackson County truck accident attorneys want you to be as informed as possible about the people and entities that could be involved in your commercial truck accident injury claim. You can find some examples of these parties on the following list:

Agencies Involved in Missouri Commercial Trucking and Truck Accidents
Federal Motor Carrier Safety Administration (FMCSA)
FMCSA was created from the 1999 Motor Carrier Safety Act (49 U.S.C.), and began operations on January 1, 2000. FMCSA is a division of the Department of Transportation (DOT); prior to its creation, many of its functions were performed by the National Highway Traffic Safety Administration (NHTSA). The primary mission of FMCSA is to prevent commercial motor vehicle accidents and accident related fatalities and injuries. FMCSA employs 1100 people across the country. They oversee over 500,000 trucking companies, 12,000 bus companies and over 5 million commercial motor vehicle drivers.

FMCSA Activities:


  • Partners with federal, state, and local authorities for enforcement of safety regulations

  • Develops standards and tests for commercial drivers' licenses

  • Collects and disseminates data on motor carrier safety and directs resources to improve that safety

  • Monitors regulatory compliance and enforcement and works to remove high-risk motor carriers from the Nation's highways.

National Highway Traffic Safety Administration (NHTSA)
NHTSA, established by the Highway Safety Act of 1970, has a much broader scope than the FMCSA. Its mission is to achieve the highest standards of excellence in motor vehicle and highway safety, which involves the study of all vehicles (focusing on safety, anti-theft measures, and fuel economy).

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Fatal Missouri Trucking Accident Caused by Improper Lane Usage

December 23, 2011

It's not news to Missouri drivers--or to Kansas City truck accident attorneys--that collisions involving large trucks and tractor trailers often result in extensive damages, serious injuries and fatalities. The sheer size of these vehicles makes them especially dangerous to motorists on Missouri highways. It only takes a fraction of a second to make a poor choice that causes an accident, and when big trucks are involved, the stakes are automatically higher. We've seen many cases where what would seem like a minor error on the part of the truck driver causes disastrous results.

champclarkbridge.jpgRecently, a Lake St. Louis man was killed in such an accident. 34 year-old Kyle David Brown was crossing the Champ Clark Bridge over the Mississippi River, traveling east, when a westbound tractor trailer hit one of the bridge's guardrails. The approaching truck was carrying logging equipment (described by police as "similar to an oversized forklift") that had been secured with safety chains. The impact of the guardrail collision caused those chains to snap: the logging equipment broke loose and fell into the eastbound lanes, directly into the path of Brown's BMW sport utility vehicle. Brown struck the equipment and was pronounced dead at the scene.

Since the collision occurred on the east side of Champ Clark Bridge, this accident was investigated by the Illinois State Police, who cited the truck driver for improper lane usage. Illinois Police Master Sgt. Jeff Schisler suggested that additional charges may be forthcoming, since the truck may have been too wide to cross the bridge legally. Vehicles weighing 80,000 pounds or less are allowed on the narrow Champ Clark Bridge, which includes most vehicles: only super loads and oversized vehicles must apply for special permits in order to use the bridge. The bridge is 83 years old and narrow, only about twenty feet wide.

The accident necessitated the closing of Champ Clark Bridge for approximately 6 hours, so that the Missouri Department of Transportation (MoDOT) could evaluate the condition of the bridge and ensure that it was safe for drivers. Travis Wombwell, bridge inspector for MoDOT, said, "We have made immediate repairs to get the bridge safely open, and we will make more permanent repairs within the next few months."

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Woman Awarded $375,000 Settlement in 2008 Missouri Cement Truck Accident

December 22, 2011

If you've been injured in a Missouri car or truck accident, consulting an attorney is usually a wise practice. After all, the Independence, Missouri truck accident attorneys offer a free initial consultation, so there's really nothing to lose. Too often, we hear about clients who try to negotiate their own settlements with insurance companies and wind up with far less than what they're entitled to. When you have an attorney, you have an advocate--someone whose top priority is to make sure your interests are represented.

1102879_traffic_warning_sign_1.jpgRecently, a Dallas woman settled with a Missouri insurance company regarding a St. Louis County trucking accident three years ago. In June of 2008, Roxann Coulam was driving a rented sport utility vehicle as part of a funeral procession. As she passed through an intersection with a highway off-ramp, a cement mixer driven by David Chaudoin exited the highway, failed to stop, entered the intersection, and struck the passenger side of her vehicle. The force of the impact pushed Coulam's SUV into another vehicle in the procession.

Chaudoin complained of pain in his neck and left shoulder, and was taken by ambulance to a local hospital. At the scene, he told police responders that the brakes in his truck had failed, causing the collision. He said that he tried to aim the truck towards a ditch to avoid hitting cars in the procession, but instead he hit a yield sign and overturned, causing him to crash into the line of cars.

Coulam, on the other hand, refused treatment at the scene, even though she reported injuries to her knees. As most personal injury attorneys will tell you, this choice is usually not the best one. Many auto accident victims think they aren't hurt, only to have symptoms of injuries appear within a few days. And importantly, declining (or failing to seek) treatment immediately following an accident can be extremely detrimental to a personal injury claim. Insurance companies can use that choice as a way of demonstrating that the victim couldn't have been badly injured if he/she did not require immediate medical attention.

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Springfield, Missouri School Bus Accident Caused by Drunk Driving

December 16, 2011

Bus accidents and accidents involvingDSC00049.JPG commercial trucks and tractor trailers are damaging enough, but throw alcohol into the mix and you have a recipe for disaster. While buses and school buses are safer to ride in than cars or other passenger vehicles (fewer accidents per mile driven), a bus or school bus accident can have a larger and more devastating impact because of the number of people involved, especially when those people are children. The size and weight of the bus can also increase the actual damage and the severity of injuries. A drunk driver on the road naturally increases the chances of traffic accidents, and the stakes can be high when a bus or a tractor trailer is also involved.

School Bus Accidents Involving Alcohol

A local school bus accident involving a drunk driver occurred Friday, November 4, 2011 shortly after 4 p.m. in the Springfield, Missouri suburb of Willard. A Willard School District school bus was traveling south on Farm Road 105, two miles north of Willard. The drunk driver was traveling north when he struck the school bus and then collided with a tree, totaling his 2003 Mercury. This particular accident only involved minor injuries to the drunk driver's passenger, and it appears the bus was empty of students at the time. But the potential for serious injury and death is very great for school bus or tour bus accidents involving drunk drivers.

According to the National Highway Traffic Safety Administration, over 25 million kids ride a school bus to and from school each day nationwide. Annually, more than 500 children are killed in alcohol related traffic accidents. The highest percentage of this type of accident involving children occurs between 3 p.m. and 9 p.m. as children are riding home from school or traveling to after-school activities.

Alcohol and Accidents
In 2010, in Greene County, Missouri, alcohol was involved in 345 of the 8,401 traffic accidents that occurred. Needless to say, driving while intoxicated is irresponsible and careless. It endangers not only the driver but other drivers and their passengers. Driving a school bus or motor coach requires an awesome responsibility for the driver to deliver passengers safely. This job is made more difficult when any driver decides to drive while intoxicated.

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How Federal Money for Commercial Truck Parking can Reduce Truck Accidents in Blue Springs Missouri

December 15, 2011

585669_truck_lot.jpgMissouri has received a $1 million federal grant from the Federal Highway Administration to build more truck parking along the Interstate 70 corridor. Why is this good news for Blue Springs and for Missouri? Because one of the leading causes of truck accidents is driver fatigue. Providing more spots for professional drivers to rest will not only comply with federal requirements for the grant money: it will help reduce truck driver fatigue, which, in turn, will help reduce the chances of a truck accident on I-70 and all of the routes leading to and from I-70 in Missouri.

Commercial Truck Parking Along I-70 Corridor is Important
In the past several years, the Missouri Department of Transportation (MoDOT) has doubled the number of parking it offers for professional truck driver along interstates. But the U.S. Department of Transportation forecasts the number of commercial trucks traveling on I-70 will double by 2030. That is why the $1 million grant is to provide for parking along this corridor.

There are currently 207 dedicated truck parking spaces along I-70. And it can be challenging for professional truckers to find a safe and convenient place to park. MoDOT is considering either expanding current facilities or building entirely new ones.

MoDOT will work with freight-hauling customers to determine the best places to provide additional parking. By providing safe and optimum locations for parking, driver fatigue can be minimized, and reducing truck accidents ultimately impacts the price of goods. Also, the location can have a large impact on a driver's ability to deliver or pick up a load on time. Better parking facilities will help reduce driver stress, and, in some cases, aggressive driving and speeding problems.

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Unsafe Commercial Vehicle Drivers Can Fly Under the Radar and Create Truck Accidents in Columbia, Missouri

December 9, 2011

Numerous truck accidents in Columbia and throughout Missouri and the United States are the result of unsafe truck drivers. And many of these unsafe drivers have previous safety violations or have had their commercial driver's licenses (CDL) revoked or suspended. And yet they are still obtaining employment as drivers in the trucking industry. Here, the Columbia, Missouri truck accident lawyers explain how this happens and what measures are in place to try and eliminate the problem.

CDL Fraud
467739_clipboard_2.jpgCDL fraud is one of the reasons truck drivers without a valid CDL or without safe driving skills can still get a job driving a commercial vehicle. In 2002, the US Department of Transportation's Office of the Inspector General released the results of an investigation into CDL fraud. The investigation discovered criminal activity in at least 16 jurisdictions, and large-scale fraud in Florida, Georgia, Illinois, and North Carolina. At that point, thousands of CDL holders were retested nationwide.

Part of the problem was that drivers with inadequate skills were allowed to pass the test anyway. The responsibility of testing lies with the state. In 1986, the Commercial Motor Vehicle Safety Act was passed, which requires each individual state to comply with federal commercial driver standards. In Missouri, the Missouri Department of Transportation administers CDL written tests and skills evaluations. In some states, a third party, or private company, administers the tests.

After the Investigation
Following the investigation, many truck driving schools and owners were convicted of fraud charges. One such company owner was convicted of falsifying the skills tests of 623 students, meaning that these truck drivers and many more like them were given a CDL when they did not qualify for one. Other cases involved bribing state testing officials. These practices put thousands of unsafe truck drivers on the road.

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Have Truck Accidents in Missouri and Nationwide Decreased Over the Last Two Decades?

December 8, 2011

Recently a truck accident near Lathrop, north of Kansas City, and one between Joplin and Springfield, Missouri, along I-44, resulted in the deaths of four people and seriously injured five more. These two large truck involved traffic accidents are just the latest of many. For decades the National Highway Traffic Safety Administration (NHTSA) and the Federal Motor Carrier Safety Administration (FMCSA),725850_newspaper_series_1.jpg both branches of the DOT, have been working to reduce the number of truck and tractor trailer accidents and in so doing reduce the number of fatalities and personal injuries.

Recent Missouri Truck Accident Deaths
The first large truck accident happened in Clay County north of Kansas City, Mo. on Thursday evening December 1, 2011. A semi-truck failed to stop at a stop sign from Missouri Highway 116 to US 69, near I-35. The big rig slammed into a car, killing the driver and front passenger and seriously injuring the two passengers in the rear seat.

The second accident happened two miles east of Sarcoxie, Missouri on I-44, and claimed the lives of two former Springfield high school football players. Early Friday morning, shortly after 2:30 a.m. on December 2, 2011, a car with four college students lost control as they were headed west on I-44. The Pathfinder left road, hit the median, turned over and landed in the eastbound lane of I-44. One passenger was ejected and killed. The driver left the vehicle and was subsequently hit by a car. A tractor trailer then hit the overturned Pathfinder, killing one of the passengers still in the vehicle and further injuring the other, who was airlifted to St. John's in Springfield, Mo.

Both of these accidents are under investigation, but they are indicative of what happens when a large truck driver is not paying attention and/or traveling too fast for conditions.

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Tractor Trailer, Car, and House Accident? How to Proceed from the Aftermath of Tractor Trailer Accidents in Kansas City Missouri.

December 2, 2011

It almost sounds like the opening of a bad joke:1228351_old_truck.jpg "So, a tractor trailer, a car and a house . . ." But this is not the premise of a bad joke, and there's certainly no funny punchline. In fact, this phrase is the description of a recent tractor trailer caused accident. The aftermath of such an accident can be very devastating and very costly. From Maine to California, tractor trailer accidents are in the news every day, and unfortunately, they also happen quite regularly around Kansas City and throughout Missouri.

This particular accident occurred in Georgetown, Delaware, but it could've easily happened along any major road or highway that passes through Kansas City (or any other Missouri town). In late October of this year, a Georgetown man was driving down the road when a tractor trailer swerved into his lane. He lost control of his car, then veered off the highway and into a ditch. This evasive maneuver caused his car to roll several times and eventually come to a stop when it collided with a house. The driver of the car and a woman inside the house were injured and taken to area hospitals. The Delaware state police continue to look for information about the tractor trailer.

What if this happened to you?
So often, a tractor trailer, or even a car, will pull out in front of another vehicle, swerve into another's lane, or change speeds abruptly to exit or turn. These actions easily can cause a tractor trailer or car accident. And whether the culprit driver is unaware of the accident they caused, or they don't want to get in trouble, some of them just keep driving.

Pay close attention to the road and the vehicles around you at all times. As you are driving, be prepared and plan an escape route just in case one becomes necessary. Report aggressive drivers. Many commercial vehicles have a phone number posted on the vehicle, and you can always call the Missouri State Highway Patrol.

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How an Unsafe Trucking Company in Maryland Endangers Missouri Drivers

December 1, 2011

Thumbnail image for photo_9373_20090128.jpgNo matter where in the nation a trucking company is based, its safety record can impact truck accidents in Springfield or Columbia, Missouri. Any company that operates interstate motor carrier services can impact highway safety nationwide: many interstate trucking companies have trucks and tractor trailers traveling on the major interstate corridors of Missouri every day. And unfortunately, motor carriers (companies that transport freight or passengers using commercial trucks, buses, tractor trailers, and the like) who do not operate safely can slip through the cracks of federal regulations.

Example of Unsafe Trucking Company
Recently a trucking company based in Hanover, Maryland, Gunthers Transport, LLC, was declared an "imminent hazard to the public" and was ordered to immediately cease operations by the U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA). After a thorough review of the company's operations and numerous truck inspections, the FMCSA found multiple hours of service violations and numerous vehicle maintenance violations.

Gunthers allowed its drivers to falsify hours-of-service driver logs and records, and either required or permitted drivers to exceed the 11 hour driving limit. Also, they did not require their drivers to perform pre-trip vehicle safety checks and returned unsafe trucks to service. FMCSA found that previously ordered out-of-service vehicles had been returned to service prior to repairs.

Gunthers was found to be deficient in four of the seven areas of the Safety Measurement System Behavior Analysis and Safety Improvement Categories: safe driving, fatigued driving, driver fitness, and vehicle maintenance. After one of Gunthers' truck accidents, it was determined that the driver did not have the proper medical certification.

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