Huge Trucking Accident Verdict Highlights Trucking Company Failures

We all know that people travel more over the holidays, many using our interstates to travel to see their family and loved ones. This holiday season, in addition to ensuring you drive safely, truck drivers and trucking companies need to do their part to ensure their drivers are well qualified and operating their tractor-trailers safely and within the law. All too often, this is tragically not the case.

As a Missouri trucking accident attorney, I was interested to learn about the trucking accident case described here:.

 A Missouri family was recently awarded a $7 million dollar verdict over a fatal tractor-trailer crash. This verdict was rendered against the trucking company for its driver’s negligent failure to drive in his lane, and the company’s failure to properly investigate and train its employee.  The article states that the tractor-trailer driver was “overtired, wasn't qualified, wasn't trained and had two previous license revocations that should've prevented him from getting the job.” The fatal truck crash occurred less than three weeks after the trucking company hired the driver. "[The trucking company] broke every rule in the book with respect to safety and safe driving," the article quotes.

Just what are these rules that the trucking company broke? At trial, a trucking industry expert testified to the multiple failures on the part of the trucking company that the accident exposed:

• The driver never should have been permitted to drive because he had received two license revocations for substance abuse, which disqualified him from driving a commercial vehicle.
• At the time of the crash, the driver lacked adequate knowledge and experience to drive a tractor trailer.
• The trucking company failed to have a training system in place to educate and train truck drivers who lacked experience before putting them on the road.
• The trucking company violated federal trucking regulation FMCSR § 395, by assigning the driver a trip that he could not complete within the maximum allowable hours of service.
• The driver was in violation of the maximum hours of service regulations at the time of the fatal crash.
• The driver falsified his log book to cover up his hours of service violation.
• The trucking company failed to monitor the driver and other truck drivers to ensure compliance with hours of service regulations.
• The driver violated a fundamental rule, FMCSR § 383.113, by permitting his trailer to cross the center line when negotiating a curve in the roadway, which caused the fatal collision.

This list points to inexcusable, systemic failures on the part of the trucking company that led to the fatal crash and justified the jury's outrage, as reflected by its verdict.

This case points to an important question: Just how often are trucking companies in violation of the law? On my trucking accident website I explain this in detail, “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!” This practice is damaging, dangerous, and potentially fatal.

It is clear that trucking companies must be held accountable for unsafe trucking practices such as failure to investigate driver’s background, failure to train drivers, and practices contributing to violations of the maximum hours of service regulation. For more information on Missouri trucking accidents, please visit my website: www.glassmanlegal.com.  The Glassman Law Firm is dedicated to assisting victims of trucking accidents and committed to making the trucking industry accept responsibility when they violate federal safety regulations.

Video Caption: The Glassman Law Firm investigates not only a truck driver's driving record, but his medical history, in order to assess his fitness to operate a 40 ton, 16-wheeler on the highways of our state.

Be safe and take good care. ~ Stephen Glassman, St. Louis trucking accident attorney

I am also on Twitter @GlassmanLegal. Follow me for timely news and information!

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.

MDOT launches Pedestrian Safety Campaign- 2011 Statistics Show Pedestrian Accidents on the Rise in Missouri

Photo credit anankkml

According to a recent article, pedestrian accidents are rising in Missouri, worrying officials. The article states, “After just nine months in 2011, the number of pedestrian traffic deaths is nearly equal to those experienced in 2010,” reports the Missouri Department of Transportation. “In fact, during the first quarter of 2011, 21 pedestrian deaths were recorded, compared to nine during the same period in 2010.”

As a St. Louis pedestrian accident attorney I find these statistics disturbing. Why is this happening? The experts don’t know, and it appears there are no patterns to point to the increase. “Slightly more pedestrians died last year on city streets (31) than on interstates or rural stretches of highway (28). And the 941 injuries in Missouri towns were more than triple those on the long-haul routes,” the article states. 

Motorists are required to do everything they can to avoid hitting pedestrians. That means slowing down or stopping as they approach crosswalks or intersections where pedestrians may be present. However, pedestrians have a responsibility to use good judgment and do their part to prevent an accident. "It's a two-way street," said Brent Hugh, Executive Director of the Missouri Bicycle and Pedestrian Federation. "Drivers need to watch and drive with care around pedestrians, and pedestrians need to look for cars. Even when the pedestrian has the right of way, that right won't stop an oncoming vehicle."

The article states a few tips on how to stay safe as a pedestrian, “When walking by a road, walk against the traffic; when crossing one, always be aware that your electronic devices may be making you vulnerable. Try to make eye contact with the drivers, but never assume you have been seen when you step out into traffic.” 

In fact, the Missouri Department of Transportation (MDOT) has launched a new pedestrian safety campaign on their website with the slogan “Be Safe, Be Seen, Arrive Alive.”

As a pedestrian accident attorney, if you have questions or concerns about a pedestrian accident or pedestrian injury, please reach out to me at www.glassmanlegal.com.

Be safe and take good care ~ Attorney Stephen Glassman, Glassman Legal

Stay up to date with the latest pedestrian accident information by following me on Twitter @GlassmanLegal.