Missouri Truck Accident Blog

Medical Conditions and Punitive Damages

Our firm has recently seen a significant increase in Missouri truck accident cases that have been caused, at least in part, by the medical conditions of truck drivers. In addition to medical conditions, prescription medications are often involved in a significant number of truck accident cases.

The court in Garrett v. Albright, Jr., denied defendant’s motion for summary judgment on the issue of punitive damages because the plaintiff set forth substantial evidence that supported Plaintiff’s theory that the defendant driver should not have been hired to drive tractor trailer units because of his negative medical history. Garrett v. Albright, Jr., 2008 WL 795613, *2 (W.D.Mo.2008). In Garrett, the Plaintiff uncovered evidence the truck driver had a heart attack and a stroke prior to being hired by the defendant trucking company. In addition, the truck driver admitted to taking Valium, the use of which is prohibited by the Federal Motor Carrier Safety Regulations, unless a medically licensed practitioner advises the driver that the medication will not adversely affect their ability to safely operate a commercial motor vehicle. See FMCSR 391.41.

A truck driver has the responsibility to tell the truck company he drives for about all the medications the driver is taking. Once the driver tells the truck company about the medications, the trucking company is required to check with the driver’s physician to inquire whether it is okay for the truck driver to operate a tractor trailer or other commercial vehicle. In sum, it is crucial for truck companies to follow up on potentially disqualifying medications or medical history of its drivers.

Additionally, in Coon v. Am. Compressed Steel, Inc., the court held punitive damages are permissible where a trucking company did not follow industry standards and the Federal Motor Carriers Safety Regulations, which subsequently resulted in an injury to plaintiff. Coon v. Am. Compressed Steel, Inc., 207 S.W.3d 629, 638 (Mo.Ct.App.2006). In Coon, the plaintiffs brought a truck accident wrongful death action against the truck company that employed the driver of a truck that improperly secured a load of steel which resulted in a steel plate falling from the tractor trailer, causing injury to the deceased relative of plaintiffs.

Expert testimony is often used to prove the trucking company and its employee truck driver violated trucking regulations. It is common to find violations in regard to safety training, driver training, supervision, and inadequate safety policies.

The Missouri Supreme Court, in Lopez v. Three Rivers Elec. Coop., found that a factor to consider when submitting a jury instruction on punitive damages was whether a knowing violation of the statute, regulation, or industry standard, was designed to prevent the type of injury suffered.

In sum, in Missouri, if a party can establish that a trucking company failed to follow Federal Motor Carrier Safety Regulations, which results in an injury, punitive damages are permissible. Additionally, the Court will consider whether the regulation violated was designed to prevent the type of injury that Plaintiff suffered.

If you or a family member has been involved in a Missouri truck accident, it is important to have an experienced truck accident attorney on your side. A truck accident attorney in St. Louis will help get you the compensation you are entitled to for medical bills, lost time from work, constant pain, and other special damages. The injury attorneys at Page Law can be reached any time of day or night at 1.800.500.4658. You can also visit them on the web at www.injuredclient.com.

Punitive Damages in Missouri Truck Accident Cases

Missouri truck accident cases are time consuming, detailed, and expensive to litigate. Personal injury lawyers that are experienced in litigating truck accident cases are the first to verify that truck cases must be investigated with great precision. Sometimes, after a detailed analysis of the evidence, it is apparent the conduct of the trucking company and its driver goes far beyond negligence.

When the conduct of the truck company and its driver rises to the level of a conscious disregard for the safety of others, recklessness, or even intentional, punitive damages are in order. In these situations, the trucking company and its employee driver can be found liable for damages that are supposed to punish and deter the outrageous conduct.

A recent Missouri case holds that a trucking company can be liable for punitive damages if the trucking company failed to follow industry standards, as well as state and federal regulations. Garrett v. Albright, Jr., 2008 WL 795613 (W.D.Mo.2008). Typically, when repetitive violations of the Federal Motor Carrier Safety Regulations are found, punitive damages are appropriate.

If you or a family member has been injured in a Missouri truck accident, it is important to have an experienced personal injury lawyer on your side. A St. Louis skilled truck accident attorney will help get you the compensation you are entitled to for medical bills, lost time from work, constant pain, and other special damages. The injury attorneys at Page Law can be reached any time of day or night at 1-800-500-4658. You can also visit them on the web at www.injuredclient.com.

Beer Spill on Highway 63 Caused by Tractor Trailer Accident

Thousands of cases of Anheuser Busch Bud Light beer flowed through the northbound lanes of highway 63 across the northern Missouri border in Iowa today when a tractor trailer semi truck lost control and flipped over on the highway. Highway 63 runs north of Columbia, Missouri to the Iowa border and south of Columbia through Jefferson City, Missouri.

The tractor trailer semi truck tipped over after the driver lost control of his truck. According to the Iowa State Patrol, the semi truck overturned onto its side when the driver ran off the road going around a curve. He was unable to regain control of the massive truck, spilling Bud Light beer products across the highway.

The semi truck driver is from Normandy, Missouri, a suburb of St. Louis, Missouri. Reportedly the driver suffered only minor injuries and was taken to a local hospital for treatment.

It took crews about 6 hours to clean up the mess. Thousands of cases of beer were unloaded from the wrecked truck and moved to another tractor trailer for transport. Some of the beer that was not able to be saved was sent to a landfill and the rest was recovered for use.

In a tractor trailer accident in Missouri and throughout the U.S., the product salvaged is required by regulation to be itemized and disposed of in a manner that will protect both the carrier and the client. A claim filed must include a loss number assigned to the salvage, any money recovered from the disposition of the property, and the date the money was transferred to the client.

In this case, Anheuser Busch will not receive any monetary reimbursement from salvage because the product was too damaged to recover and sent to a landfill. The remaining product will be transported and Anheuser Busch will receive their compensation for those Bud Light products that are still able to be sold.
Tractor trailer accidents rank number one in Missouri in truck accidents. While this semi truck accident resulted in only minor injuries to the truck driver, serious injuries and even death are often the result of tractor trailer accidents on Missouri highways. These injuries and deaths can be emotionally, physically, and financially draining for those injured.

In times like these you need a personal injury lawyer that will stand up for you and your interests. You need someone to fight for your rights against the trucking and insurance companies. The experienced St. Louis truck accident attorneys at Page Law will protect your rights and make sure you have a powerful advocate on your side.

If you are in a truck wreck, contact truck accident attorney John Page to make sure your rights are protected. He is a personal injury truck accident lawyer at Page Law and he can be reached at 314.322.8515. The consultation is free and Page can be reached 24 hours a day. You can also visit the Page Law website at www.injuredclient.com for more information.

The Future is (almost) Now: Wireless Roadside Inspections (WRI)

The FMCSA (Federal Motor Carrier Safety Administration) is currently researching the “Wireless Roadside Inspections” (WRI) program. As currently designed, the program will be voluntary for trucking companies and carriers that have demonstrated safety and compliance capabilities. The program will attempt to automate safety inspections for both the trucking company and driver credentials, their electronic driver logs, and the status of their safety system. Many of the details have yet to be determined and the FMCSA is working with members of the trucking industry to work out requirements that can be of value to both the trucking industry and law enforcement.

This program will be possible because of EOBRs (Electronic On Board Recorders). EOBRs are electronic devices on trucks or tracker trailers that can produce, upon demand, a driver’s hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the driver’s starting time at the beginning of each day. New EOBR rule (395.16), which provides a regulatory requirement for EOBRs to have capabilities to support wireless inspections, allows for the possibility of wireless access.

The WRI program is currently in a development phase with a pilot operation planned for early 2010. The expected implementation for WRI is in the 2012 to 2015 timeframe. Initially the program hopes to cover inspections of driver and tractor trailer credentials and HOS (hours of service) log data. As stated above participation in WRI will be voluntary.

The focus of this program is to bring new technology to create more efficiency and reliability in tracking and maintaining HOS (hours of Service) data, the most important component of truck safety on our highways. The promise of this program may allow for accurate real time data showing a lack of compliance or abuse of important safety regulations.

Missouri tractor trailer accidents across the highways and interstates of our State, as a result of abuses or failure in compliance of hours of service regulations, cause many deaths and serious injuries. These deaths and injuries, often times forever change people’s lives and can devastate families.

In addition, Missouri 18 Wheeler accidents result in significant lost wages and enormous medical bills. If you or someone you care for has been injured in a Missouri or Illinois tractor trailer accident, contact the truck accident lawyers at Page Law. Our St. Louis personal injury attorneys will help get you the compensation you deserve for you injuries. Our skilled St. Louis truck accident attorneys will help you get through these tough times. Our experience is unparalleled and our commitment to you. To schedule a free consultation, call us at 314-322-8515. You can also visit us online at www.injuredclient.com.

Hours of Service Regulations (HOS) for CMV drivers

Sleep or Profit, Your Safety is in the Balance

Driver fatigue is a significant cause of many Commercial Motor Vehicle (CMV) or tractor trailer accidents in the United States. In the most comprehensive study ever conducted of commercial driver alertness, the Federal Motor Carriers Safety Administration (FMCSA) found that driver fatigue and reduced alertness provided a valid argument to restructure the Hours-of-Service rule (HOS) that had been in place for 60 years.

According to the Federal Motor Carriers Safety Administration (FMCSA) Hours of Service rule, a driver may drive a maximum of 11 hours after a 10 hour break if carrying property. The limit for carrying passengers is 10 hours after an 8 hour break.  This rule has been put in effect to reduce the number of truck accidents our country’s roadways.  This includes many of the highways and roadways running through Missouri. 

Also, a driver must take 34 or more hours of rest after being on duty for 7/8 consecutive days. During the 7/8 days a driver may not drive after 60/70 hours on duty for property or passenger carrying vehicles.

Many factors were studied, including the amount of time spent driving, the number of consecutive days and time of day driving, and the regularity of their schedules to determine these limits.  These limits are put into place for when and how long a driver may be on the road. Safety of all vehicles and other tractor trailers is the biggest concern and the reason for the Hours of Service regulations.

Major findings in the study include:

• Drowsiness is more likely to occur between midnight and 6a.m.
• Driver alertness is more related to time of day than the amount of time driving.
• Drivers were not very accurate at assessing their own levels of alertness.
• Each individual driver showed significant differences in levels of alertness and performance.
• There is a significant shortage in public and private rest areas. In response to the study, about half of the United States’ weigh stations now remain open as rest areas when not in use for weigh stations.

From the results, several suggestions were made to reduce driver fatigue in hopes of reducing Missouri tractor trailer accidents on our roadways.

An additional tool used mostly by private fleets for HOS compliance is the Electronic On-Board Recorder (EOBRs). The benefit of the electronic onboard recorder to drivers is the amount of time they spend maintaining HOS logs. The time savings averaged about 20 minutes per driver per day. Fleet managers using the EOBRs saved an additional 20 minutes per driver per month in management review and administration time.

Groups opposed to the Hours of Service rule argue that these studies do not support the retention of the 11th hour of driving and that those provisions put driver health and public safety at risk. But, with a consistent reduction in tractor trailer accidents in the United States and the lowest ever in 2008 since 1961, these HOS rules seem to be providing the drivers the rest they need for the alertness and performance required of a CMV driver.

In my practice, I have seen driver fatigue contribute to many truck accidents on Missouri’s many   highways and interstates.  Many deaths and serious injuries can be avoided if trucking companies make sure their truck drivers are not operating their tractor trailers when they are fatigued. 

St. Louis truck accidents are often devastating for the families involved.  A truck’s massive size usually means they do an incredible amount of damage in a crash.  Families and lives are often changed forever due to significant injuries and/or deaths. 
 
If you or someone you care for has been injured in a Missouri or Illinois tractor trailer accident, contact the truck accident lawyers at Page Law. Our St. Louis personal injury attorneys will help get you the compensation you deserve for you injuries. Our St. Louis tractor trailer accident attorneys have many years of experience helping accident victims. To schedule a free consultation, call us at 314-322-8515. You can also visit us online at www.truckaccidentlawgroup.com.