January 2012 Archives

Commercial Trucks Can Pose Dangers to Missouri Drivers and Pedestrians Alike

January 27, 2012

mCXb5w0.jpgOur Missouri truck accident attorneys urge you to be ever-cautious of big rigs, whether you're in a passenger vehicle, on a motorcycle, or on foot. Even though you'd like to believe that you won't get in an accident with a semi (because you'd obviously see it coming), the fact remains that large trucks are responsible for about 1 in 10 fatal accidents nationwide.

This week in Chicago, a high school student was severely injured by a semi-truck. The 18 year-old pedestrian was wearing headphones and failed to notice the semi making a left turn. He crossed directly into the truck's path, and was pinned under the vehicle. Luckily, he survived, though he remains hospitalized. As this accident demonstrates, large trucks are often unable to react quickly enough when a pedestrian (or another vehicle) suddenly appears in front of them. Staying safe in traffic - as a driver or a pedestrian - requires that you keep track of what's happening around you.

Collisions between semi-trucks and pedestrians are not as uncommon as you might think. A pedestrian was recently killed by a postal truck in the Detroit metro area, while another pedestrian was critically injured on a highway near Lake Odessa, Michigan, after being struck by a semi. And last year, a pedestrian/tractor-trailer collision killed a Chesterfield, Missouri man when he walked into the path of a semi-truck on I-70.

In many cases, highway pedestrians are motorists who break down and wind up stranded. It is not uncommon for drivers with disabled vehicles to become victims of fatal traffic accidents, even though they're not even driving.

In the event of a highway break down, there are a number of safety precautions you can take to ensure that you and your passengers stay safe while you wait for help.

Being Safe When You're Stranded: A Few Safety Tips:

* Always keep a cell phone with you for emergency situations.

* If your car breaks down, make sure you pull off the roadway to the right (as far as possible).

* Activate your emergency flashers to warn other vehicles and law enforcement of the location of your disabled vehicle.

* Call law enforcement, a friend, a family member or roadside assistance for help.

* Be patient when you're waiting for assistance to arrive. Remember that it may take them a while to navigate through any traffic delay that your disabled vehicle may have caused.

* Keep emergency equipment in your vehicle, including a flashlight, emergency flares and basic tools that may help to fix minor problems with your car.

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Fatal Big Rig Wreck in Sydney Illustrates the Potential for Devastating Damage in Missouri Truck Accidents

January 25, 2012

540394_car_accident.jpgAs Missouri truck accident attorneys, we write frequently on this blog about the devastating aftermath of big-rig accidents. Collisions involving commercial trucks are often deadly: because of their massive size and weight, they're capable of inflicting serious damage on passenger vehicles and their occupants.

This week, we were horrified to read about a trucking accident so terrible that it's receiving worldwide attention. It happened south of Sydney, Australia on the Hume Highway: a commercial truck crossed the median to the wrong side of the highway and literally ran over the top of a Ford sedan. Responders had to use a crane to lift the cab of the truck off the completely flattened car.

The three occupants of the sedan were killed. Law enforcement officials were forced to call Disaster Victim Identification (DVI) experts to assist forensic officers: the car was so destroyed that it was initially impossible to determine the age or gender of any of the occupants.

Witnesses and nearby motorists were aghast. "It's the most horrific thing I've ever seen," one passerby said immediately following the collision. "Stay away from the area, especially if you have children in the car. They don't need to see that."

The occupants of the sedan have since been identified as Donald and Patricia Logan, both age 81, and their son, Calvyn Logan, age 59, who was driving the car. The family was returning home after traveling to visit the couple's newborn great-granddaughter, who had been delivered prematurely on the day after Christmas. Their other son, Garry Logan, was waiting for them to arrive when he saw a story about the accident on a website and recognized the vehicle. Donald and Patricia Logan were married for 60 years.

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Drugged Drivers Cause High Risk of Missouri Trucking Accidents: How the Safe Roads Act Could Help :

January 19, 2012

mgyptbs.jpgThe Oak Grove, Missouri truck accident attorneys have been investigating the fate of the Safe Roads Act, a piece of legislation that addresses a significant problem on Missouri roadways. The bill is designed to address a giant loophole that can allow drug users to seek - and obtain - employment as a truck driver. What's worse, a recent study has concluded that of the roughly 3.5 million truck drivers on U.S. highways, about 68,000 of them have at one time of another tested positive for drug use. It's not a mystery that big-rig accidents can cause massive damage and serious injuries, so a drugged trucker is a truly dangerous weapon.

Road Safe America and the American Trucking Association have both supported the bill, demanding that the United States establish some sort of central clearinghouse to keep an eye on commercial drivers who have returned positive drug and alcohol tests. The loophole is this: if a driver is involved in a trucking accident and tests positive for drug use, that driver will be terminated, but he or she can simply look for a job with another carrier in a neighboring state. Drivers don't have to volunteer this dangerous information during the interview process, and there has never been a way for trucking companies to find out for themselves.

We agree that a central clearinghouse would make a major difference: importantly, it would increase the safety of motorists on our roadways, by helping to keep drivers with a history of alcohol and drug habits from getting behind the wheel of tractor-trailers.

The Safe Roads Act (S.1113) was first introduced back in May 2009 by Senators Pryor, Nelson, Snowe and Wicker. Then, it was reintroduced to Congress last year. Since then, it has been read twice and subsequently referred to the Committee on Commerce, Science, and Transportation. It remains on the agenda for 2012 (for details, click here). And it's worth noting that Arkansas has a similar bill already in effect: since that bill became active in 2007, Arkansas alone has located more than 300 violators.)

To put it bluntly, the idea of a drugged driver operating an 80,000 pound truck is frightening. This negligent behavior can seriously threaten the lives of drivers and passengers that share the same roads. These truck drivers and their employers are required to follow specific rules and regulations while operating in the United States. If they fail to do so, and an accident results, injured parties will likely be entitled to seek compensation for their damages and expenses.

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Dramatic Rear-End Trucking Accident in California Highlights Dangers for Drivers in Missouri and Nationwide

January 17, 2012

1158482_road_blur.jpgIt sounds like a scene from a movie. A big-rig rear-ends a small passenger vehicle on a freeway bridge, crashing through the guardrail and into a creek 100 feet below. Meanwhile, the passenger vehicle, carrying a young mother and two children, is left hanging from the edge of the bridge. If you saw the national news yesterday, you know that on January 14, near Santa Barbara, California, this scene was very real. Our Kansas City, Missouri truck accident attorneys want drivers to understand that collisions involving commercial trucks can easily cause destruction, injury, and death: it's imperative that all motorists adopt safety behaviors to help reduce these risks. Saturday's accident in California offers an apt illustration of a worst-case scenario, demonstrating what the aftermath of these collisions can look like.

It happened around 2:40 p.m. Kelli Lynne Groves, a 36 year-old first grade teacher, was traveling north on Highway 101, accompanied by her daughters, 10 year-old Sage and 10 week-old Milo. Groves' BMW was rear-ended by a gravel truck, driven by 48 year-old Charles Allison Jr., and the force of the impact sent both vehicles out of control. The truck plummeted into Nojoqui Creek, 100 feet below the freeway, bursting into flames and killing Allison instantly.

Groves' BMW was left hanging sideways from the bridge: the California Highway Patrol reports that the vehicle had been forced onto the center of the concrete guardrail, which trapped all 3 occupants inside. "This was a complex situation," said Ray Navarro, chief of the Santa Barbara County Fire Department. "We had a vehicle with occupants trapped on the bridge and [hazardous materials] under the bridge." Almost 50 gallons of diesel fuel had spilled from the gravel truck into the creek.

(To see the unbelievable photographs of the accident site, click here.)

Thankfully, this story has a happy ending for the Groves family - in fact, it's nothing short of miraculous. While emergency rescue responders worked fiercely, a group of Navy Seabees happened by the accident site. Incredibly, they were carrying the very equipment needed to keep the vehicle from falling into the creek. Using a forklift, they were able to assist responders, steady the teetering BMV, and free all three occupants. Groves remains hospitalized, though her condition has been upgraded to fair, while 10 year-old Sage has been upgraded from critical to serious. 10 week-old Milo, treated for minor injuries, is already back at home with family: in fact, Milo slept through the entire ordeal, and was still sleeping when she was rescued. She never cried a single time.

What can we learn from this accident? There are several points worth noting.

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Winter Weather Causes Truck Accidents and Highway Closings Throughout Missouri

January 12, 2012

1134090_winter_landscape.jpgHere in Missouri, we had our first round of winter weather today: statewide, roads were pretty nasty during the morning commute. All day, the Greene County truck accident attorneys have been hearing reports of accidents caused by poor road conditions. Here in Springfield, there were dozens of slide-off and rear-end accidents, and throughout the state, collisions - particularly those involving tractor trailers - caused problems on Missouri highways. Several of these accidents necessitated the closing of Interstate 44 in multiple locations, while local police departments and the Missouri Highway Patrol went on emergency status.

Two tractor trailer accidents happened early this morning in Newton County, near Neosho. An eastbound truck jackknifed at the 4 mile marker on I-44. Then, near the 6 mile marker, a westbound tractor trailer rear-ended a passenger vehicle, which forced closure of all four lanes of traffic: the westbound lanes remained closed for several hours, and traffic was diverted off the highway. Specific details about that accident have not yet been released, but police confirm that there were injured parties, and at least two tractor trailers were involved in the collision.

Meanwhile, two additional accidents caused the closing of I-44 in Phelps County, just outside Rolla, between mile markers 184 and 189. First, an accident involving a tractor trailer stopped westbound lanes of traffic. Then, just a short time later, another accident in the eastbound lanes forced the closure of those lanes as well. The highway remained closed until midmorning.

Elsewhere on 1-44, there were several other tractor trailer incidents, including a truck that slid into a pickup at mile marker 89 (in Greene County), and another jackknifed truck at mile marker 36 (in Lawrence County). On Missouri Highway 90, a tractor trailer overturned in McDonald County, and on MO 13, south of Osceola, a collision left a truck stuck in the median.

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Federal Law Bans Cell Phones for Drivers of Commercial Trucks and Buses in Missouri and Nationwide

January 10, 2012

232051_semi-truck_1.jpgThe Independence, Missouri truck accident attorneys frequently handle accident cases involving distracted drivers, so we know how much damage these accidents can cause. Studies show that when drivers use cell phones, they experience a 37% reduction in the amount of brain activity associated with driving. And when the distracted driver is operating a tractor trailer, the potential for extensive damage and serious injury rises dramatically. However, a new federal law is designed to combat this issue: effective January 3, 2012, it is now illegal for commercial truck and bus drivers to use hand-held cell phones while driving.

The new law was created in response to the rising number of injury and fatality accidents caused by cell phones. In 2010, 23% of car accidents were precipitated by cell phone use, according to the National Safety Report. Further, because of their sheer size and weight, commercial trucks can inflict some of the worst injuries on accident victims. Sergeant Jason Pace of the Missouri Highway Patrol says that "Distracted driving is becoming increasingly dangerous...and it can become especially deadly when the driver...is behind the wheel of a vehicle pulling 80,000 pounds."

Transportation officials are concerned - and rightly so - that trucking accidents connected to distracted driving are becoming far too common. For example, in 2008, a truck driver caused a massive Missouri accident when he reached for his cell phone and failed to notice traffic stopped in front of him. He subsequently plowed into several cars. Three people were killed and fourteen people were injured (including a man who sustained severe brain damage and is now unable to walk or talk). The truck driver eventually pled guilty to three counts of involuntary manslaughter.

Under the new law, commercial truck and bus drivers are only allowed to place or receive phone calls if they can do so by pushing a single button (as on a Bluetooth headset). Hand-held phones are totally banned, and drivers are not permitted to reach for any electronic devices. Violations carry strict penalties: drivers can be fined over $2,700 for each offense, and their employers can be fined up to $11,000. (To read the law in its entirety, click here.)

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Factors that Cause Commercial Truck Accidents in Kansas City and Throughout Missouri

1192523_truck.jpgHave you ever had the life scared out of you by a large commercial truck or semi-tractor trailer while you were trying to merge onto the highway? Have you been so sure a big rig was going to rear end you that you braced for impact? Or worse, have you or a loved one been the victim of a commercial truck accident? Missouri truck accident lawyers know all too well the how damaging tractor-trailer and commercial truck accidents can be. What's more, many of these accidents are 100% preventable: they're caused by aggressive truck driving practices.

Major Factors Behind Unsafe Truck Driving Practices in Missouri and Elsewhere
*Unsafe drivers are still being hired.
*Some trucking companies fail to utilize the pre-employment screening program provided by the Federal Motor Carrier Safety Administration.
*Some employees do not receive adequate training.
*Logs and other programs for safe driving quality assurance are sometimes not properly monitored.
*Some truck drivers avoid medical examinations, or or provide false medical documents.
*Some drivers who should be suspended are able to obtain special permits or probationary licenses for drivers.

Unfortunately, many truck drivers are between a rock and a hard place at present. As the economy toughens even more and trucking companies keep trying to make a profit, truckers feel more pressure to drive longer and faster, and to bend or even break federal regulatory rules and state laws. If they don't, they may find themselves jobless. This pressure creates the potential for devastating accidents impacting Missouri motorists.

The problem does not just lie on the shoulders of the trucking industry, either. An ABC News report discusses many state agencies and jurisdictions that are also at fault. From failing to suspend driver's licenses to not sharing infractions with other states in a timely fashion, state departments of motor vehicles contribute to the problem also.

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