Missouri Truck Accident Lawyer Blog

Beginning today, the Missouri Department of Transportation (MoDOT) is conducting a month-long awareness campaign connected to driving safely around commercial vehicles. According to MoDOT's official news release regarding the campaign, crashes involving passenger vehicles and big rigs are actually on the decline. However, when these accidents do occur, research has shown that it's most often passenger vehicle drivers (especially young ones) who "unnecessarily endanger themselves due to inattention and reckless driving around big rigs."

If you've never driven a commercial truck, you may not understand that these vehicles are very different from passenger cars and trucks. Because of their sheer size and weight, they take longer to speed up and longer to slow down. Consequently, it's important to allow big trucks extra space, so you don't put yourself - and your passengers - in jeopardy.

Recently, in New York, a woman died after the car she was riding in was smashed into a concrete divider by a tractor-trailer. Police are still investigating, but they say it appears that the fault lies with the car's driver. The passenger vehicle was a livery cab - a non-medallion car service that was ferrying the 26 year-old woman from the Bronx. Some witness reports suggest that the cab may've been backing up when it was struck, and police speculate that the driver may have missed the correct exit and then attempted to backtrack.

The cab driver was taken by ambulance - he suffered non-life-threatening injuries. The driver of the tractor trailer sustained minor injuries, and he was treated at a nearby hospital and released. However, the 26 year-old woman (who was riding in the backseat) was killed. Her body was trapped inside the vehicle for nearly 5 hours: at this point, it is not known whether she died as a result of injuries sustained in the accident, or in the fire that erupted as a result of the collision.

Continue reading "MoDOT's Big Trucks Campaign Aims to Prevent Semi-Truck / Passenger Vehicle Collisions in Missouri" »

Our 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.

Continue reading "Commercial Trucks Can Pose Dangers to Missouri Drivers and Pedestrians Alike" »

The 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.

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

It 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.

Continue reading "Dramatic Rear-End Trucking Accident in California Highlights Dangers for Drivers in Missouri and Nationwide" »

In 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).

Continue reading "Who's Involved in My Kansas City, Missouri Semi Truck Acccident Claim?" »

Missouri 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.

Continue reading "How Federal Money for Commercial Truck Parking can Reduce Truck Accidents in Blue Springs Missouri" »

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
CDL 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.

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

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), 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.

Continue reading "Have Truck Accidents in Missouri and Nationwide Decreased Over the Last Two Decades?" »

No 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.

Continue reading "How an Unsafe Trucking Company in Maryland Endangers Missouri Drivers" »

Driving around any major city such as Kansas City, Springfield, or Columbia, Missouri you might quickly notice following distances: the space between your vehicle, and the vehicle in front of (or behind) you. Have you ever wondered about these distances and how they impact truck accidents?

You might have noticed that the heavier the traffic the smaller the distance between the front and rear bumpers. It even becomes a fight to keep the distance small enough to prevent another vehicle from cutting in front of you. The problem with this particular driving behavior is that it is a major contributor to traffic accidents. And when it comes to truck accidents, following too closely is not only a contributing factor: it can cause increased damage and serious injury or death.

We decided to receive a Google alert for six weeks on "tractor trailer accidents". Gathering Google alerts is by no means scientific way to obtain data, but it did give us an interesting picture of the number and types of truck accidents reported in the news in the United States and Canada over that time period. The number of alerts was large: three or more accidents a day. And what we noticed matched Missouri State Highway Patrol (MSHP) statistics for Missouri and those taken by other agencies across the country.

Major Contributing Factors in Truck Accidents

• Inattention


• Speeding


• Failure to yield


• Following to close


• Improper lane usage or change

Following too close is only preceded by inattention to driving, speeding, and failing to yield (except in construction or work zone areas where it is only preceded by inattention, improper lane change or use and drinking). Inattention also often leads to rear-end accidents and leaving the roadway. There were numerous chain reaction accidents and several fatalities as smaller vehicles ran into large trucks or large trucks rear-ended smaller vehicles. There was even a truck driver killed when his big rig was pushed into the one in front of him by a third tractor trailer.

Continue reading "How Much Does Following Too Closely Contribute to Truck Accidents in Missouri?" »

Commercial truck accidents cost millions of dollars and hundreds of lives every year. The latest federal regulation from the Federal Motor Carrier Safety Administration (FMCSA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA), both branches of the U.S. Department of Transportation (DOT), is a joint effort to further the DOT's mission of reducing distracted driving truck accidents and motor coach and bus accidents. This final rule should help reduce truck accidents from Kansas City, Missouri to Sikeston and the Bootheel.

FMCSA Final Rule
The hand held cell phone rule has been in the making for almost a year. It was originally proposed December 21, 2010, after several fatal accidents involving cell phone use. The announcement about the final rule decision was made by U.S. Transportation Secretary Ray LaHood on November 23, 2011. The final rule prohibits commercial drivers of interstate commercial trucks and buses from using a hand held cell phone. They are currently allowed to use hands free.

In September 2010, the FMCSA issued regulations banning text messaging. This latest regulation prohibiting hand held cell phone use should help reduce a significant proportion of distracted truck and bus drivers.Many of the larger commercial trucking and bus companies already have company rules in place that restrict hand held cell phone use: this recent federal ruling will strengthen everyone's efforts to reduce truck and bus accidents even more.

Continue reading "Final Rule on Cell Phone Use by Truckers Can Help Reduce Truck Accidents from Kansas City, Missouri to the Bootheel" »

How commercial vehicles, such as trucks, semi-trucks, tractor trailers, and so on, are regulated and monitored in Kansas City Missouri might be more than you ever wanted to know, but it really is an important factor to highway and Missouri roadway safety. Commercial trucks account for over 12 percent of registered vehicles. However, unlike most registered vehicles, big rigs and trucks are on the road the majority of the time and commercial truck accidents happen every day. That is where MoDOT (Missouri Department of Transportation) comes in.

MoDOT has a department completely dedicated to commercial vehicle operations. MoDOT's Motor Carrier Services is responsible for interfacing with all commercial motor carriers who operate in the state. A commercial motor carrier is any business or person who provides transportation of property or people using a commercial vehicle. This includes passenger bus services, freight haulers, and delivery services.

Why Does MoDOT Motor Carrier Services Matter?
When it comes to commercial trucking and operating a commercial vehicle business there are a lot of rules, regulations, and licensing requirements, both on the state and the federal level. Many of these regulations are designed to improve safety and reduce truck accidents. MoDOT's Motor Carrier Services takes care of licensing, registration, inspections, permits, and collecting fees and related taxes.

As related to reducing truck accidents and promoting motor carrier safety, MoDOT Motor Carrier Services provides seminars and trainings designed to improve safety and reduce commercial vehicle accidents. They provide generalized training on safety regulations and also specialized seminars on topics such as hazardous materials and agricultural truck safety.

Continue reading "MoDOT Motor Carrier Services is Proactive for Reducing Commercial Truck Accidents in Kansas City and Throughout Missouri" »

Recently we did a blog post answering some of your more common questions about truck or tractor trailer accidents. So here are some more questions answered to help you sort out the complexities of accidents involving a commercial vehicle or trucking company in or around Kansas City, Blue Springs or Springfield, Missouri.

Is it safe to assume a professional truck driver is a good driver and drives to avoid accidents?
No. Like all professions there are a range of qualifications, experience, and professionalism. Some truck drivers are great, safe, and conscientious drivers who have never even come close to having an accident. And then there are those who are careless and even drive recklessly and who have several accidents on their record. Also, of course, there is a range of drivers in between. All tractor trailer/semi-truck/18 wheeler/cargo tanker/and so on drivers are required to have a special driver's license called a CDL (commercial driver's license). However there are truck driver's out there who do not have a valid license. In addition a good driver will have continuing education on safe driving and on safe driving for various vehicles. A driver's record and the trucking company's record on safety history, training, and hours of service tracking and enforcement, as well as pre-trip inspections and maintenance records are good indications for quality drivers. And this is one of the first places a lawyer and their team will investigate to support a personal injury claim.

What does Hours of Service mean and how does it factor into a truck accident?
The Federal Motor Carrier Safety Administration (FMCSA), a branch of the Department of Transportation, sets regulations and policies for motor carrier companies, truck drivers, and the trucking industry. One of the major regulations is called Hours of Service (HOS). Hours of service rules apply to how long a driver can be behind the wheel in a continuous stretch, over a 24-hour period, and over the course of a week. It is designed to prevent one of the largest contributing factors in truck accidents, driver fatigue. Drivers are required to log their driving time and keep the log available to inspectors such as Missouri State Highway Patrol. One of the problems in the past has been abusing the hours of service rule. Either a driver feels pressure from the company to meet deadlines or as a private contractor they can be trying to make as many runs as possible to make financial demands. Either way this is an important regulation and can be important in a personal injury suit.

Continue reading "More Frequently Asked Questions about Tractor Trailer Accidents in and around Kansas City, Missouri" »

Truck accidents in Kansas City, Lee Summit and throughout Missouri involving commercial trucks or tractor trailers can be complicated in part because there are several entities involved. The driver of the truck is operating as an employee or contractor and therefore issues of who is responsible are not as straight forward as in a car accident.

Here the Missouri truck accident lawyers provide a list of frequently asked questions regarding truck or tractor trailer accidents.

Why do I need a lawyer if the accident was not my fault?
Depending on the situation, a tractor trailer or truck involved accident also involves the motor carrier company who owns the truck, the owner of the freight or trailer, the insurance companies for each of these and for the driver. In some cases the driver can work for yet another company or agency. Add in all of these insurance companies and their lawyers and even if the accident was not your fault, all of these entities are working to reduce their loss and the amount of money they may need to pay out for claims and damages. Because of this you need a lawyer as soon as possible after the accident. A lawyer working for you will be able to protect your interests and help you prove your case.

Who should I talk to after the accident?
Talk to the police officers involved in investigating the accident. Seek medical attention if you are injured. But limit any conversation to the facts of the accident and your injuries. Do not assume or place blame. Simply describe what happened as best you can. Then contact a personal injury lawyer as soon as possible. They will advise you on the best course of action. Do not sign any insurance paperwork or talk to any insurance representatives until you talk to a lawyer. It is important to sort out the facts first. In some cases an accident victim will sign away their rights or get less money for medical costs because they signed insurance claims too soon or were not aware of what they signed.

Continue reading "Common Questions Answered About Truck or Tractor Trailer Accidents in Kansas City Missouri" »