Welcome to the Blog of The Glassman Law Firm, P.C., St. Louis Personal Injury Attorneys

We blog about relevant issues in personal injury law, discuss the misconceptions surrounding personal injury law and some of the most popular cases in the news, inform on the legal and political landscape of tort reform and insurance company lobbying, and provide readers with helpful personal injury information and resources. Please visit www.glassmanlegal.com for more information.
Showing posts with label St. Louis trucking accident attorney. Show all posts
Showing posts with label St. Louis trucking accident attorney. Show all posts

Tuesday, August 12, 2014

We Are Here To Help.

The Glassman Law Firm is here to fight for you. We will take on the smallest to largest of corporations to ensure that reparations are made for pain and suffering you incurred at the irresponsible hands of another.

As a motorist, a few things are expected of you. Insurance, registration and proof of ownership (title). These are minimal things to ask of our citizens yet many will forgo the requirements for reasons they believe to be justified.

Unfortunately, when these motorists take the road, they are subject to being involved in-- or causing a car accident. The statistics reveal they are far more likely to cause a wreck than a properly insured driver. Which leads to why they probably don't have insurance in the first place.

What recourse do you have if you are involved with an uninsured or underinsured motorist? Will your insurance company foot the bill?
We at at The Glassman Law Firm, P.C., will fight aggressively on your behalf to see to it that you aren't stuck with a bill incurred by an irresponsible motorist.

If you or someone you know has been involved in a motor accident with a passenger and or commercial vehicle and the other party was uninsured/underinsured--give us a call. Time is paramount. We are here for you.

Monday, December 16, 2013

Hire An Attorney With An Extensive Knowledge Of Trucking Rules And Regulations

The income of commercial truck drivers is often based on making deliveries under incredibly tight deadlines, with risk of losing pay if the deadline is not met. This makes the trucking industry one of the most competitive commercial industries in the United States. Regrettably, this culture leads to deadly driving tactics, such as driving fatigued. It is estimated by the Federal Motor Carrier Safety Administration (FMCSA) that operator fatigue plays a role in more than 40% of all tractor trailer accidents on our roads.

In an effort to eliminate drivers operating 40 ton commercial trucks while fatigued, the FMCSA requires that logbooks be filled out documenting hours of rest and sleep. Yet, drivers still regularly falsify these books with aid of trucking companies in order that shipments reach their destinations as quickly as possible. This puts the lives of everyone on the road at risk in order to maximize their profits.

Trucking companies who pressure their drivers to operate big rigs while sleep deprived (or who condone their drivers’ use of falsified logbooks that misrepresent their hours of rest and sleep) must be held responsible for this reckless disregard of public safety.

In recognition of this major risk to the safety and welfare of the driving public, the FMCSA enacted new Hours of Service Rules on 2/27/12. Compliance with these rules became mandatory on 7/1/13. Several of these rules impose penalties and form the basis of civil liability.

FMCSA's new Hours of Service final rule:
  • Limits the maximum average work week for truck drivers to 70 hours (a decrease from the current maximum of 82 hours);
  • Allows truck drivers who reach the maximum 70 hours of driving within a week to resume if they rest for 34 consecutive hours, including at least two nights when their body clock demands sleep the most (from 1:00 to 5:00 a.m.);
  • Requires truck drivers to take a 30-minute break during the first eight hours of a shift; and
  • Retains the current 11-hour daily driving limit and 14-hour work day.
The ongoing mayhem on our nation's highways will hopefully be reduced if the Department of Transportation can effectively enforce these new regulations that require necessary driver rest. We need to realize, however, that a lack of enforcement will only encourage large trucking companies to continue their reckless practices that favor profits over people.

Due to the catastrophic injuries and fatalities associated with large truck crashes, it is crucial that an attorney with an extensive knowledge of trucking rules and regulations is employed after a collision. Contact the Missouri Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 or at GlassmanLegal.com to ensure that your rights are protected.

Monday, August 12, 2013

The Safe and Efficient Transportation Act of 2013

Introduced in the house on February 12, 2013, the Safe and Efficient Transportation Act of 2013 (H.R. 612) would allow each state to permit vehicles exceeding certain federal weight limits to operate on Interstate Highway System routes within that state.

H.R. 612 states that vehicles can exceed federal standards if: the vehicle is equipped with at least six axles, the weight of any single axle does not exceed 20,000 pounds, the weight of any tandem axle does not exceed 34,000 pounds, the weight of any group of 3 or more axles does not exceed 51,000 pounds, and the gross weight of the vehicle does not exceed 97,000 pounds.

Maine and Vermont participated in a pilot program which allowed tractors with semitrailers up to 100,000 pounds gross vehicle weight and tandem axle weights up to a maximum of 46,000 pounds. Vermont allows trucks that weigh up to a maximum gross vehicle weight of 99,000 pounds, and trucks with tandem axles that weigh up to a maximum of 36,000 pounds plus a 10 percent additional weight allowance, which allows a total of 39,600 pounds.

This bill only supports one group: the shipper. Those in favor of the bill site efficiency in their reasoning. They believe packing more goods into an already dangerously large trailer will result in less trucks on the road and a reduction in fuel consumption. There is little regard for safety in this belief. Larger trucks means increased stopping distance, resulting in additional accidents on the roads. Groups like Parents Against Tired Truckers (PATT) advocate that truck crash deaths are increasing, thus truck size and weight limits should not.

Contrary to the claim that the bill would result in fewer trucks on the road, during the pilot period in both states combined, official reports from U.S. Dept. of Transportation Federal Highway Administration found the percentage of trucks in that weight category on the road has jumped. Commercial motor vehicle crashes on non-Interstate roads increased 24%, Interstate crashes increased 10%. During the pilot period, trucks were placed out of service (OOS) for brake violations between 54.2% and 66.2% of the time. The amount of roadside inspections alarmingly declined during this time.

This bill is also extremely worrisome to many due to the impact these large trucks have on roads. Opponents of the bill argue that heavier trucks will result in bridge failures across our nation's highway system. It is estimated that 25% of our nations bridges are not equipped to take on the increased load size.

The public strongly opposes having bigger, longer, heavier, deadlier trucks on our nation's roads and groups like PATT are urging Congress to reject this bill. Contact the St. Louis Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a collision with a tractor trailer. Visit www.glassmanlegal.com for more information about tractor-trailer accidents.

Thursday, August 1, 2013

What Is The Federal Safety Standard For Consecutive Hours Behind The Wheel For A Truck Driver?

Federal investigators found that a Wisconsin United Van Lines truck driver had been working more than 14 consecutive hours when he fell asleep at the wheel, resulting in the fiery crash that killed an Illinois State Police Trooper.

Though the investigation is ongoing, as of now the semi-truck driver has not been charged criminally in connection to the crash that killed Trooper James Sauter.

The Federal Motor Carrier Safety Administration's records state that the semi-truck driver as well as United Van Lines have been fined for violating a federal rule barring drivers from operating a semi-truck for more than 14 hours without getting 10 hours of rest.

Twenty-eight year old James Sauter had been a trooper since 2008 and earned a lifesaving medal as a cadet for coming to the aid of a female motorcycle crash victim that year.

Contrary to what most lay people may believe, a trucking case, unlike the routine auto accident case, requires the expertise of an experienced trucking lawyer who is well versed in the complex details of the Federal Motor Carrier Safety Act which regulate and govern the safe operation of large interstate trucking companies, including the training, examination, and licensing of their drivers.

Contact the St. Louis Truck Accident Attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has been injured or killed as a result of a collision with a tractor trailer. Go to www.glassmanlegal.com for more information about tractor-trailer accidents.

Thursday, June 20, 2013

Underride Guard Safety Standards For Tractor Trailers

Research conducted by the Insurance Institute for Highway Safety has indicated that many manufacturers are fitting large truck trailers with safer, more efficient underride guards, however many manufacturers are still falling short.

An underride guard is intended to prevent a car from sliding under the rear end of a large truck, such as a tractor-trailer rig. While a large truck that is equipped with a functional underride guard can significantly increase the chances of surviving a rear-end crash with that truck or trailer, most guards have been unsuccessful in preventing deadly and catastrophic outcomes, according to crash tests conducted by The Insurance Institute since 2010.

When most vehicles slide under the rear end of a large truck, the top of the car --- hood, windshield and roof -- typically absorb the brunt of the impact. Adequate underride guards must necessarily prevent the intrusion of automobile bumpers under a large truck, in order for seatbelts and airbags to protect auto occupants from catastrophic injuries or death.

Although in 1998 the National Highway Transportation Safety Administration issued a mandate requiring that all trailers, including those pulled by big rigs and semis, that weigh 10,000 pounds or more, be equipped with an underride guard, the US standards fall short of their intended purpose unless passenger compartment intrusion is prevented. Hopefully further study and consideration of successful Canadian standards will result in an upgraded safety standard that will save lives in tractor trailer and big rig crashes.

Contact the St. Louis large truck attorneys of The Glassman Law Firm at 314-446-6000 if you or a loved one has be injured or killed in a collision with a large truck.
  

Friday, May 24, 2013

Social Media And Your Personal Injury Claim

Personal injury attorneys often warn their clients not to discuss their case with anyone, this includes broadcasting the status of your suit to all of your friends and family online. Your online community isn't the only one that may be interested in your status updates, so are defense attorneys and insurance companies.

So you've been in an accident. Even though you are injured, you send out a casual status update to tell your friends that you're doing fine and will be back to normal in no time. Even though your comment was only one of reassurance, the defense can use this comment to make it seem like your injuries were only minor.

Videos and photos that you post online, even old, seemingly innocent ones, can be used against you as well. Your friends may even be called as witnesses about the state of your health. Your safest option is to cancel all social media accounts until after the conclusion of your case.

Defense attorneys and insurance companies will attempt to gather information that will benefit their case. If you haven't deactivated your social media accounts, here are a few precautions you should take if you have been involved in an accident:
  • Never grant permission to anyone to look through your social media accounts.
  • Remove all videos, photos, and status updates that could hurt your case.
  • Do not accept any friend requests from people you do not personally know. 
  • Be sure to activate your privacy settings. In spite of this, there are ways to gather information from your social media accounts, but you can make it more difficult for them.
  • Never respond to messages from people you do not know. 
You may be entitled to compensation if you have been injured due to the negligence of another party. Contact the Missouri Personal Injury Attorneys of The Glassman Law Firm at 314.446.6000 to go over your legal rights and options.

Friday, March 1, 2013

Trucking Accident Attorney In St. Louis


In 1980, before the interstate trucking industry was deregulated, there were approximately 20,000 interstate motor carriers operating in the United States. Following deregulation, the American Trucking Associations undertook a study in 2002 which revealed that there are over 500,000 truckers using our highways. This increased competition for trucking business has motivated the less principled companies to cut corners and "overlook" the hours-of-service regulations that legally limit the number of hours that a trucker can drive per week. As a result, 40 ton commercial tractor-trailer rigs are being operated on our highways by sleep deprived drivers every day. How and why does this happen?

Federal law limits the number of hours a tractor-trailer operator can be "in service" each week. Federal law considers a trucker who is waiting for his cargo to be loaded or unloaded to be "in service." Even though a trucker is legally "in service" when waiting for his cargo, the trucking companies do not pay drivers for this wasted time. They are paid only for miles driven.

How do these big-rig drivers make money with these pay limitations? Many of them break the law by falsifying their driver logbooks, by understating their loading time and claiming they accomplished their 300-500 daily driving miles during normal hours. In truth, because they had to wait several hours for a load, they violate the hours-of-service laws and drive most of the night in order to get paid for mileage.

This cheating could easily be discovered by the trucking companies if they cared about highway safety. Today, many trucks are equipped with global positioning satellite (GPS) technology and computers which enable the trucking companies to know exactly where their trucks are at all times, when a truck is being driven and how long a driver has been parked. Even before GPS, trucking companies had access to security gate logs at all of the docks where their drivers picked up and delivered, showing exactly how long a driver was loading versus driving. In addition, trucking companies have always reimbursed their drivers for fuel, maintenance and personal expenses, and these bills, if reviewed, would reveal when and where drivers stopped to eat, refuel or have repairs performed.

The bottom line is this: Many trucking companies know that their drivers break the law, but "look the other way" because profit is more important to them than the safety and well-being of citizens who have to share the highways with tired tractor-trailer drivers.

Is this a serious enough problem to make these negligent trucking companies take responsibility? In 1995, the U.S. Department of Transportation convened the first National Truck and Bus Safety Summit at which safety experts concluded that driver fatigue was the number one safety issue facing their industry.

In 1999, a Department of Transportation study on driver fatigue and alertness revealed that 28% of these tractor-trailer drivers reported falling asleep at the wheel at least once in the prior month!

The Highway Traffic Safety Administration estimates that 30% of the deaths and 70% of highway injuries are the result of negligently operated trucks by fatigued drivers. In 2005, Annette Sandberg, Administrator of the Federal Motor Carrier Safety Administration, cited statistics showing that negligent fatigued truck drivers were responsible for 410 deaths and more than 7,500 other non-fatal crash injuries.

Missouri is a prime example of how these trucking companies recklessly disregard the law. In 2005, the Missouri Highway Patrol issued 4,183 tickets to truckers who violated the hours-of-service regulations or driver logbook regulations, and this number does not include the big-rig drivers who were simply let off with warnings instead of citations. Imagine: the Missouri Highway Patrol catches more than 11 semi drivers breaking the law every day!
These startling numbers do not take into account the thousands of semi crashes caused by negligent loading, alcohol and substance abuse, improper braking and merely driving too fast for weather conditions.

Finally, we can look forward to even greater risk of death and serious injury on our highways thanks to a U.S. Department of Transportation pilot program that will permit Mexican trucks to travel directly from Mexico to their destinations in America, beginning in April, 2007. Despite objections by Rep. James Oberstar, Chairman of the House Transportation Committee and Todd Spencer, Executive Vice-President of the Owner-Operator Independent Driver’s Association, with regard to the safety of these Mexican truckers, the profits available to the trucking industry under NAFTA appear to have superseded concern for public safety.

The Glassman Law Firm, P.C. is committed to helping the victims of big-rig trucking accidents and making the trucking industry accept responsibility for violation of federal safety regulations. When we pursue these cases, we hire nationally known experts in safety regulations, accident reconstruction and fleet maintenance to show juries exactly why and how our clients have been killed and disabled by trucking companies who have little regard for public safety. If you or a loved one has been involved in a trucking accident, contact The Glassman Law Firm, P.C. for a prompt free consultation.

For more information on Trucking Accidents click here to view Mr. Glassman's interview on ABC's "Legal Minds."

Wednesday, February 13, 2013

Big Rig Safety

Semi-trucks, big rigs, tractor-trailers, and 18-wheelers are large trucks that can be roughly 13.5 feet tall, 8.5 feet wide, up to 70 feet long, and can weigh up to 80,000 pounds. Needless to say it takes a great amount of experience and agility to be able to operate a vehicle of this magnitude. However, drivers don't always possess these attributes, this is when trouble arises.

In 2010, which is the National Highway Traffic Safety Administration's most recent data regarding trucking accidents, 276,000 large trucks were involved in collisions in the United States. Of those accidents, 3,675 people were killed and 80,000 people were injured.
Fatalities have gone up 9 percent from 2009 to 2010. Of the deaths resulting from accidents with large trucks, 76 percent were occupants in passenger cars, 10 percent were pedestrians, motorcyclists, or bicyclists, and 14 percent were occupants in large trucks.

Just this morning a tractor-trailer truck was implicated in a 30-vehicle crash that killed three people on a snowy Iowa highway. We will hear in the days to come, whether the truck driver was in compliance with the Federal Motor Carrier Safety Regulations with respect to the speed and weather limitations placed upon drivers of these big rigs.

There is no doubt that if not operated properly a truck can be a deadly weapon. As drivers, we can all be more aware around large trucks. Here are a few tips that will hopefully save your life:
  • Give truck drivers room to turn. They sometimes will need room to swing wide to the left to make a right turn. They won't be able to see you if you squeeze in between them and the curb. If they are properly using their blinkers, you should be able to prepare and move out of the way when they make this type of turn.
  • Large trucks have even larger blind spots. Refrain from riding on either side of a large truck. A good rule of thumb is if you can't see the truck driver's face in the mirror, then they can't see you. 
  • Never jump in front of a large truck too soon after passing. Large trucks need room to stop. In fact, their breaking distance varies greatly depending on the amount of cargo they are carrying. Never leave this distance to chance, give trucks plenty of space. 
Being involved in an accident with a large truck can result in catastrophic injuries that can require months, years, or a lifetime of rehabilitation. This type of accident can leave you in a great deal of pain as well as permanently disabled. You could even lose your life. If you or a loved one has been injured in a trucking accident, contact the Missouri Truck Accident Attorneys of The Glassman Law Firm.

Tuesday, January 17, 2012

New Transportation Rules Preventing Driver/Pilot Fatigue Don’t Go Far Enough


As discussed in an earlier blog post, driver fatigue plays a role in far too many truck and plane crashes and is one of the greatest threats to transportation safety. Every year both truck driver and pilot fatigue contribute to thousands of crashes and deaths in the trucking and aviation industries.
As I state on my website, despite federal “in service” regulations put in place to ensure drivers do not drive while sleep deprived,  “less principled companies do cut corners and ‘overlook’ the hours-of-service regulations that legally limit the number of hours that a trucker can drive per week. As a result, 40-ton commercial tractor-trailer rigs are being operated on our highways by sleep deprived drivers every day.”  The ramifications of this negligence are staggering: The Highway Traffic Safety Administration estimates that 30% of the deaths and 70% of highway injuries are the result of negligently operated trucks by fatigued drivers.
Just as serious, but less reported in the media is pilot fatigue. However, pilot fatigue is now in the news. As you may have heard reported, in December 2011 the Federal Aviation Administration announced new rules to reduce potentially dangerous pilot fatigue .
An editorial recently published by USA today is highly critical of the new transportation rules for both trucking and aviation. The editorial claims that while the new rules are more realistic, they fall short of what is truly needed.
As a personal injury lawyer, I agree the new rules don’t go far enough to protect the drivers, pilots, passengers and bystanders that have been seriously injured by driver and pilot fatigue. It is important to keep pushing this issue until rules are in place that truly protect the roads and airspace, and ensure that companies follow the regulations.
Take care and be well ~ Stephen Glassman, St. Louis personal injury attorney.
Ask me any personal injury question on Twitter @GlassmanLegal and I will get back to you. Or “like” our Facebook page or Google Plus page for news and information.