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“The 7 Biggest Mistakes That Will Wreck Your Car Accident Case” By Joshua P. Myers
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Post Date: November 26th, 2010
You don’t have to be in a motor vehicle to be injured by a moving vehicle. Pedestrians are at risk of serious injury or death every time they cross the road. As a Missouri Truck Accident Attorney, I was saddened to hear that a man from Southern Illinois was killed by a tractor-trailer as he was crossing the intersection of a highway. Truck accidents involving pedestrians are rare, but on November 18th, 2010 it happened in Granite City, Illinois.
Around 3 p.m., 80-year-old Robert Schaefer was crossing the intersection of Illinois Route 3 at the West Chain of Rocks Road to get home. The tractor-trailer and other vehicles were stopped at a red light as Robert Schaefer began crossing the road. When the light turned green, the driver pulled out and hit the victim. Robert Schaefer was taken to Saint Louis University Hospital by helicopter, but died that evening.
The driver of the tractor-trailer told Granite City Police that he did not see the victim and an officer made a statement that there is no crosswalk at the intersection. The tractor-trailer accident is still under investigation, but the authorities do not expect to press criminal charges. I was curious as to why no charges were to be filed against the truck driver. In Missouri and Illinois, this is not normal when an accident involving a pedestrian, who was legally crossing the intersection.
In any event, criminal charges are different than a civil case for wrongful death against the truck company. As a Granite City, IL Car Accident Attorney, commercial truck driver’s are required to observe the highest degree at all times. This would involve keeping a careful eye out for any pedestrians.
The police officer’s statement about there not being a crosswalk at the intersection is not based on fact. There may be no marked crosswalk at the intersection where Robert Schaefer was killed, but according to Illinois law the spaces between curbs or edges of the road at an intersection are unmarked crosswalks. All drivers have the responsibility to avoid hitting a pedestrian, especially truck drivers. Tractor-trailers have a force that the human body cannot contend with and they usually end in a fatality.
After a serious tractor-trailer accident, victims and their loved ones are left to pick up the pieces. If you have been seriously injured or lost a loved one because of a truck driver’s negligence, hire an experienced Missouri truck accident to help you file a personal injury claim or wrongful death claim. You and your loved ones should not have to suffer because of someone else’s negligence. Call 877.SUE.TRKS to speak to a truck accident attorney today and let us help you pick up the pieces.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles motor vehicle accidents that result in personal injury or death throughout all of Missouri and Illinois. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a motor vehicle accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
 Tags: accident, attorney, attorneys, crosswalk, fatal, granite city, killed, lawyer, lawyers, pedestrian, robert schaefer, wrongful death
Posted in Granite City, Illinois Truck Accidents, Pedestrian Truck Accidents | No Comments »
Post Date: November 21st, 2010
 Texting while operating a motor vehicle is an ongoing problem because it is dangerous. It is dangerous to text and drive a passenger vehicle, but even more dangerous to text while operating a semi-truck with destructive power. Texting while driving has been the topic of constant debate and the laws are beginning to change. As a truck accident attorney in Missouri, I was happy to find out that a texting ban has finally been placed on truck drivers.
In the early months of 2010, the Secretary of Transportation, Ray LaHood, banned truck drivers from texting while driving in an attempt to minimize tractor-trailer related accidents. When the announcement came, the ban was only a safety regulatory guideline for trucking companies to follow. It wasn’t until the end of October that the Federal Motor Carrier Safety Administration made the text ban an official rule, which became permanent.
The final ruling is specifically aimed at texting and not just talking on the phone while driving. Studies have shown that texting while driving impairs a person’s attention much worse and increases the likelihood of causing a serious accident. Although there are many distractions that exist in semi-truck’s cab, texting while driving is 23 times more likely to cause an accident that results in injury. Support of the ban is widespread, but some groups such as the American Association for Justice doesn’t think the rule goes far enough. Safety advocacy groups want the other distractions in the cab of a semi-truck to be banned.
While texting may have become the preferred way to communicate, we can’t ignore the effects it can have while operation a motor vehicle. The texting ban on truck drivers may reduce the amount of tractor-trailer accidents on the road, but there are many ways a truck driver can become distracted. If you have been seriously injured in an accident involving a tractor-trailer, please call an experienced truck accident attorney. Trucking companies can be ruthless when it comes to fighting a personal injury suit, so call 877.SUE.TRKS and let us fight for you.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his Missouri Truck Accident Law Firm routinely handles semi-truck accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Tags: ban, driver, drivers, driving, nhtsa, semi, semi-truck, texting, truck
Posted in IL Truck Accidents, Texting While Driving, Truck Accident News | No Comments »
Post Date: October 25th, 2010
 As a St. Louis truck accident attorney, I follow the latest accidents involving semi-trucks in the state of Missouri and Illinois. My attention was directed to a violent accident involving a semi-truck, construction truck, and two passenger vehicles in Plainfield, Illinois. On October 18, 2010 at 6:30 p.m. on U.S. 30 close to 111th Street a construction truck traveling east drove over the centerline and struck a westbound pickup and passenger car before colliding head on with a semi-truck.
The accident seriously injured six people. The driver and three passengers of the passenger car were taken to Rush-Copley for injuries and the driver of the pickup truck was treated for a serious arm injury. When the construction truck and semi-truck crashed head on, the semi-truck caught on fire. The driver of the semi-truck was able to evacuate his truck before it was completely engulfed in flames. He was treated for a minor head injury and moderate burns. The construction truck driver was critically burned and was taken to Maywood’s Loyola University Medical Center by LifeStar helicopter.
“The truck was full engulfed by the time we got there, and I believe it burned down to the ground,” Trooper R.A. Caves said”
The passenger car received minor damage to the back end and the pick up truck and construction truck had extensive front-end damage. The semi-truck was burned to the ground by the time emergency service people arrived at the scene. The accident still remains open and an accident reconstruction will be done as it is common for serious truck accidents.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC and a founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his personal injury law firm routinely handles semi-truck accidents that result in personal injury or death throughout the Midwest. If you have been hurt or have lost a loved one due to the negligence of another driver, please contact a truck accident attorney to learn your rights. It is always free to discuss your case and there are never any attorney’s fees until we recover on your behalf.
Posted in IL Truck Accident, IL Truck Accidents, Illinois Truck Accidents, Plainfield | No Comments »
Post Date: August 16th, 2010
The News Tribune of North Central Illinois recently reported about a multi-car collision that occurred on I-80. The crash took place this past Tuesday, August 10, 2010 at approximately 2:30 p.m. It occurred just one and a half miles east of Utica.
As with almost all interstate accidents involving a tractor trailer, an accident reconstruction is pending. However, the early reports are that a semi-tractor trailer driven by Rex Davis of Montpelier, Ohio overtook a vehicle driven by Thomas Bolin. Also in the car, driven by Mr. Bolin, was fourteen-year-old Corren Bolin.
The reports are that the Bolins were stopped in traffic due to an earlier collision. In that earlier crash, Kevin Haeffener lost control of his semi-tractor trailer truck driving eastbound on I-80. In doing so, he hit a truck that was broken down on the right shoulder. This caused Haeffener’s tractor trailer to overturn, thereby throwing his cargo all over the road. This had traffic backed up for some time. Apparently, this is what the Bolins were stopped for when they were struck from behind by the tractor trailer driven by Rex Davis.
This incident shows the care that must be taken by drivers of semi trucks at all times. The owner of the towing company is quoted as saying that half of the Bolin’s car was still under the semi when they arrived. The Bolins were taken to St. Francois Medical Center in Peoria for severe injuries.
From a common sense standpoint, I see no reason why Mr. Davis should not have seen the stopped traffic. Under the law, all drivers have a duty to operate their cars with the “highest degree of care”. However, it is my opinion as an Illinois truck accident lawyer, that drivers of semi truck should be held to an even higher duty. Given the sheer size and hours they log on the road, they create a much bigger danger to the community.
Our firm has an emphasis on handling tractor trailer accidents and because of this, I am curious as to whether anyone has downloaded the black box data off of Mr. Davis’ truck. What many people don’t realize is that a tractor trailer, just like an airplane, has a electronic control module, “black box”, which records all of the trucks actions in the minutes before the collision. Thus, if we were able to see that data, we would know exactly how fast Mr. Davis had been traveling before the wreck, whether he was a habitual speeder, and whether he ever hit the brakes before the accident. This type of information is what we generally rely on to support a claim for punitive damages.
As an Illinois tractor trailer accident attorney, I know that these things do not just happen by sheer accident. Rather, often times, truck drivers are a ticking time bomb that the truck company should recognize. Thus, when we handle a tractor trailer collision, we often sue not only the truck driver but also the truck company and obtain all of the previous documents pertaining to the truck driver. This includes their training and history, maintenance of the truck, past records including what their past company thought of them. This type of information sheds light on the bigger picture of why this collision happened. What we often see is that it is not just one negligent truck driver, but rather systemic failure of the truck company itself to police its own employees. When truck companies are going to make a profit by sending out these types of drivers over the road and putting the community at danger, they too need to be held responsible for the harm that is caused.
Joshua P. Myers is president and owner of Myers Injury Law, LLC. He is also founding partner of Schultz & Myers, LLC, a personal injury law firm. His practice focuses specifically on severe, catastrophic injuries with an emphasis on tractor trailer accidents. As an Illinois semi truck injury lawyer, his firm handles cases throughout all of Illinois and Missouri. He can be reached toll free through 888-SUE-TRKS (783-8757) or via email at jm@joshmyerslaw.com. All cases are handled on a contingency basis meaning thatUti there is no money required to retain his firm, rather all fees are taken as a percentage of the recovery if and when that occurs. The firm makes a guarantee to all of their clients that if they are unable to recover on their behalf, no fees are owed.
Posted in IL Truck Accidents, Illinois Truck Accidents, Utica | 4 Comments »
Post Date: October 10th, 2009
On August 27, 2009, a semi truck caused an accident on East Main Street in St. Charles, Illinois. St. Charles police spokesperson, Paul McCurtain, gave details of the incident. The driver of the tractor trailer was Brent Collins Cooper of Tracy, Minnesota. Apparently he was driving his big rig east on Main Street when he ran a red light at the intersection. In doing so, he drove into the side of a Ford F-350. The driver of the pick-up truck suffered minor injuries but was treated by paramedics at the scene. The semi truck driver, Cooper, was issued a ticket for running the red light and not wearing a seat belt.
Often, as an Illinois tractor trailer accident attorney, I have to prove that the semi truck driver was negligent. However, in cases where they are issued a ticket, we can proceed on a theory of negligence per se. What this means is that we can reference a specific law, such as that trucks must stop at red lights. And then we show that they failed to obey that law. In cases where truck drivers are issued a ticket and then found guilty, there really is no wiggle room for the jury. The case then becomes about the extent of the plaintiff’s injuries.
The negligence per se route is a very helpful route in handling Illinois semi truck accident cases. Because it is such an effective method, truck drivers and their insurance companies try to avoid this by getting out of the ticket. Generally however, if there are injuries involved, the prosecuting attorney will not amend the ticket. Thus, it is my strong advice to anyone involved in a semi truck wreck, to contact the prosecuting attorney and make sure that they do not amend the truck driver’s ticket.
If you have been injured in an accident with a tractor trailer and would like to speak with an Illinois tractor trailer injury lawyer, please feel free to call Josh Myers at 888-956-2487. It is always free to discuss your case and there is never any fee until and unless we recover on your behalf.
Posted in Illinois Truck Accidents, St. Charles IL Truck Accidents | No Comments »
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