“The 7 Biggest Mistakes That Will Wreck Your Car Accident Case”
By Joshua P. Myers
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After obtaining more than $25 Million in judgments and settlements for his clients, Fox 2 News called upon Joshua P. Myers to discuss his book about how to defeat the car insurance companies.
Founding Partners Stephen R. Schultz & Joshua P. Myers have been consistently pictured in St. Louis Magazine's Best Attorney's edition.
Founding Partners Stephen R. Schultz & Joshua P. Myers have been honored with induction into the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum. Less than 1% of U.S. attorneys are members.
Car accidents can cause serious injuries to the spine, but an accident involving a tractor-trailer can be even more devastating. Most people who are involved in a Missouri motor vehicle accident will have back and neck pain, but they won’t know how serious it is until a doctor has seen them. In the event of an accident, the injured are taken to the hospital to be treated, but they don’t always find all the injuries. When you arrive at the emergency room, they will typically do an x-ray. An x-ray is not the best equipment to use as a way to diagnose herniated discs or whiplash because an x-ray does not show injuries to the soft-tissue.
The best way to make sure you don’t have a severe case of whiplash or a herniated disc is to get an MRI. A MRI machine can view the soft-tissue around the spine to see if there are any other injuries that are the result of a motor vehicle accident. A MRI can be very expensive ranging from $1500 to $2500, but it is the most efficient way to determine the severity of back and neck injuries. If you want to file a personal injury claim, the claims adjuster will not believe that you are seriously injured if you cannot provide a diagnostic workup.
A Missouri truck accident attorney will always recommend that a MRI be performed to make sure there aren’t any severe injuries that were not detected in the emergency room. With a MRI report, it is easier for the attorneys to resolve your personal injury case because they can make an educated settlement demand for your documented injuries.
The first question every Missouri semi-truck accident lawyer receives is what the compensation will be for whiplash or a herniated disk. There are no right answers to this question because compensation is based on many factors. Some factors such as age, occupation, and future prognosis among others will determine the amount of money you could receive from a motor vehicle accident settlement. Contact an experienced Missouri car accident attorney to discuss your claim at 877.SUE.TRKS. Our compassionate motor vehicle accident attorneys are standing by to help you fight for your rights as a victim.
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 the Midwest. 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.
Tractor-Trailer accidents account for 12% of all accidents, which is extreme since they only make up 3% of vehicles on the road. As a Missouri Truck Accident Lawyer, I keep up with personal injury lawsuits that are pending against truck drivers and trucking companies. Truck accidents involving two tractor-trailers are not uncommon, as two Killeen, Texas, truck drivers have filed a lawsuit against Eagle Aggregate Transportation, LLC for injuries sustained in a July 28, 2010 crash.
The 48-year-old female truck driver was driving 60 miles per hour North on US 81 near Decatur, Texas, as her 49-year-old brother, also a truck driver, took a nap in the cabin. Fessehate Ghebrelul, the driver for Eagle Aggregate Transportation, LLC, was sitting on the shoulder of the highway and pulled out in front of the Plaintiffs’ tractor-trailer. Ghebrelul’s truck rolled over on its top in the median facing south. He received a citation for making an illegal turn from the wrong lane.
The female driver of the other truck suffered serious injuries to her right elbow, knee, and shoulder. Her neck and back were also injured in the accident. After being admitted to the hospital, her MRI showed a herniated disc. She has undergone several surgeries to correct the injuries to her elbow and will require continual treatment for her neck and back injuries. The male truck driver’s MRI also showed a herniated disc in his lower back and will require physical therapy for his injuries.
There are many factors that can lead to a truck accident, and the consequences are devastating. Serious injury or even death can occur when a truck driver or the company that he or she works for is negligent. The trucking industry has safety laws that they are required to follow, so litigation can be difficult when discovering what laws have been broken.
Those who have been injured or lost someone they love because of a trucking company’s negligence would benefit from speaking with a truck accident attorney soon after the accident. Trucking companies pay professionals a lot of money so they don’t have to pay for their mistakes. Our truck accident attorneys work to protect the victim and maximize their truck accident settlement. Call 877.SUE.TRKS for a free consultation to discuss your accident and injuries with an experienced attorney.
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 country. 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.
Semi-truck accidents cause an unbalanced number of deaths each year because tractor-trailers are bigger and more powerful than regular passenger vehicles. As a tractor-trailer accident attorney in Missouri, I stay updated on the latest trucking statistics. Nationwide, only 3% of vehicles on the road are semi-trucks. Yet, over 15% of traffic related deaths in Missouri and over 10% in Illinois are caused by tractor-trailers.
Over the last 10 years, the Missouri Department of Transportation has reported that 2000 was the deadliest year for traffic fatalities involving a tractor-trailer. In 2000 trucking accident accounted for 198 fatalities out of 1,306 total fatalities. By 2005 the fatalities caused by tractor-trailers had declined to 173 and declined even more in 2008 to 109 fatalities.
The Illinois Department of Transportation reported its data for tractor-trailer accidents for the last five years. The year 2005 was the deadliest for trucking accidents causing 208 fatalities out of 1,999 fatal crashes. The traffic fatalities caused by tractor-trailers declined over the next three years to 144 fatalities in 2008. Truck drivers need to be more aware than drivers of passenger vehicles because their size and destructive power on the road.
Passenger vehicle drivers can protect themselves on the road by always using caution around tractor-trailers. Because of their size, it is hard for tractor-trailers to avoid a collision or stop quickly. Always give the tractor-trailer room on the road. A good rule of driving near semi-trucks is to always look for their mirrors. If you cannot see their mirrors, then they cannot see you.
Anyone involved in a truck accident would benefit from consulting a personal injury attorney about the accident. Trucking companies only have their best interest in mind when an accident happens. Our tractor-trailer accident attorneys have the victim in mind when we fight for their rights. Call 877.SUE.TRKS for a free consultation to discuss your accident with one of our Missouri truck accident lawyers.
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 tractor-trailer 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.
As a Missouri truck accident lawyer, I read many reports on trucking accidents caused by fatigue. Driver drowsiness and fatigue result in negligence on the road such as running off the road or failing to stay in their lane, which puts other drivers on the road at risk. The Federal Motor Carrier Safety Administration instituted new regulations regarding hours of service to help combat the risk of fatigue on the road in 2003. The amount of trucking accidents caused by driver fatigue has declined, but there are still too many people hurt by the negligence a truck driver’s fatigue causes.
Sleep deprivation effects everyone, but when it impairs a truck driver’s ability to stay alert on the road, innocent people can get hurt. A truck driver can become fatigued when he or she does not get adequate sleep each day. Over time, the truck driver’s ability to stay aware diminishes because he or she does not get enough sleep. Health issues such as sleep apnea, insomnia, and acid reflux can also cause a truck driver to become fatigued and increase the risk to other drivers on the road.
Most trucking companies require their drivers to adhere to a schedule for each run they make on the road. If the truck driver is stalled because of traffic, weather, or mechanical problems, they are obligated to make up lost time regardless how much it interferes with their sleep. Trucking companies are driven by profit and their revenue increases the longer truck drivers are on the road. Truck drivers are also motivated by money because the more loads they deliver, the more money they make.
Some trucking companies offer bonuses to their drivers for picking an extra load or making extra stops on their route, but still require the drivers to arrive on schedule. Profit is not the only thing that motivates a truck driver to complete their routes on time or ahead of schedule. Truck drivers spend a lot of time away from their family and push through their routes to get home. With the incentives and tight schedules trucking companies provide for their drivers, fatigue is common.
When truck drivers are fatigued because of their work hours, they put others on the road at risk for serious injuries or death. Truck accident settlements are reached every year when trucking companies are held accountable for the negligence a fatigued truck driver has caused. If you have been involved in trucking accident, please consult an experienced trucking attorney immediately. It is important that an attorney begin investigating driver fatigue as soon as possible so the negligence can be proven in a lawsuit.
Joshua P. Myers is owner and President of Myers Injury Law, LLC and founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, his firm focuses on handling truck accidents throughout the Midwest. If you or a loved has been injured due to the negligence of a tractor-trailer driver, please contact one of our Missouri truck accident attorneys to learn your rights. It is always free to discuss your case and we never charge attorney’s fees until we recover on your behalf.
This is a good news-bad news story. The good news is that after lengthy delays, it appears that the Senate, at last, has the opportunity to vote on a bill that will make it mandatory for all truckers to install electronic on-board recorders (EOBRs) rather than just those who have been found guilty of violating regulations in such a way as to endanger safety.
Having EOBRs only on trucks with bad safety records must be the type of thinking that led to that old maxim ‘shutting the stable door after the horse has bolted.’ As a Missouri Truck Accident Lawyer, who has seen the heartbreak and destruction that results from exhausted truckers making fatal errors of judgment at the wheel of tons of potentially deadly metal, this sounds like a move of such obvious sense a child would be able to follow the logic.
The bad news is that truckers are so antagonistic to EOBRs that they are already challenging the weaker requirement of installation following violations on the grounds that it is expensive and invasive. There is no doubt that this new obligation will be staunchly resisted.
Although this is a country that values individual freedom, how can a person’s privacy be violated in a meaningful way simply by installing a device designed to record the hours driven and ensure that there are no violations of the kind that put other, presumably equally deserving of the rights and freedom, at risk. Look at this way, if you are doing nothing wrong, you have nothing to fear. If you are doing something wrong, the installation of EOBRs will detect this automatically, bring the violation to the attention of the authorities and presumably end the dangerous practice of driving excessive hours.
Driving excessively tired is akin to driving drunk. We have laws to punish those caught driving drunk. But, the EOBR approach is preventative rather than punitive. It encourages safe practices, reduces the burden of paperwork currently placed on trackers and makes a positive lifestyle choice for them
So why has it taken years to get as close as we now are to having a regulation that makes the installation of EOBRs possible? It seems likely that there is a monetary consideration. Driving more hours than are legally allowed cuts costs, but innocent victims pay for the freedom to drive tired.
Myers Injury Law has experts in semi truck accident cases who will help you redress the injustice if you have suffered a loss due to a Semi-Truck Accident. Based in St. Louis, Missouri, the firm handles severe truck accidents throughout the midwest and works to maximize the truck accident settlement for their clients. If you would like to discuss a potential case, please feel free to call at 877-SUE-TRKS.
As a Missouri Truck Accident Attorney, I speak with many people who have been injured in a tractor-trailer accident, but have waited a long period of time to consult an attorney. Many people believe that they can work with the trucking company and insurance company to compensate them for their injuries, but find out that they are usually strung along. After they receive no response from either company for their claim, they retain an experienced personal injury attorney to help them.
Unfortunately, as time passes after a truck accident it can be more difficult to obtain the evidence needed to pursue a lawsuit against the trucking company and insurance company for personal injury. As unfortunate as it is, trucking accidents happen very often and serious injuries are a result. It is important that people involved in an accident consult an attorney immediately after the accident, because failing to retain an attorney in a timely manner could cause serious problems to a claim.
When a trucking accident occurs that was not your fault, there is a lot of paperwork that the trucking company will give you. They are hoping that you will be overwhelmed by the amount of paperwork and that you will sign it without really understanding what you are signing. Inside this paperwork will be waivers that the company wants you to sign. If you sign them, you will be prevented from being compensated for your injuries in full. Once these waivers are signed, your chances of making a case are limited. You need an experienced truck accident attorney to go over any paperwork that is given to you, so you do not sign something that could jeopardize your truck accident settlement.
The evidence in an accident is important for any personal injury claim. After a trucking accident, there is an abundance of evidence to help your claim. Evidence such as police reports, emergency medical records, photos, and witness are crucial to making a personal injury case against the at-fault driver and the trucking company. With this information, an expert can reconstruct the accident to prove the fault of the negligent driver. Please do not wait to contact one of our Missouri tractor-trailer attorneys after your accident and let us help you in your time of need.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC. Based in St. Louis, Missouri, he is an expert Missouri truck accident lawyer that routinely handles personal injuries that result from severe truck accidents. If you have suffered an injury from a truck accident, please contact an attorney to learn your rights. Our dedicated attorneys are standing by to help you through this time of crisis. It is always free to discuss your case with us and we never charge attorney’s fees until we recover on your behalf. Call toll-free at 877-SUE-TRKS.
As a Missouri truck accident attorney, I was upset to read that an accident involving a school bus in Camdenton, Missouri, was the result of the negligence of a semi-truck driver. On Friday, October 8, 2010 three cars, a school bus full of children, and a semi-truck were involved in a domino-effect collision that caused significant damage and injuries.
Emergency personnel responded to the five-vehicle pile up in Camden County shortly after the accident at 3:00 p.m. at the 5/7 Junction near Bridal Cave. Three passenger vehicles were southbound waiting to make a left hand turn when a school bus slowed behind them. Before the school bus could make a complete stop it was rear-ended by a semi-truck, which caused the chain reaction. The accident caused a traffic jam for southbound traffic and took over a hour to clean up.
The Camden County Police Department, Camden County Sheriff’s Department, and the Highway Patrol responded to the crash quickly. Of the people involved in the accident, 18 were taken to Lake Regional Hospital, which is located in Osage Beach. Out of the 18 people who were injured, 16 of them were children on the school bus. All the injuries sustained from the accident were considered minor except for one 13-year-old girl who sustained moderate injuries.
One passenger vehicle, the school bus, and the semi-truck sustained major damage during the accident. It is still unclear why the semi-truck driver was unable to stop, but the negligence on the driver’s part put the lives of many children in danger. Truck accidents happen more often than they should and many do not have such a positive outcome. In my experience as a Missouri semi-truck accident attorney, I have helped many families answer the questions that follow an accident that results in injury.
Legally, there are a few things going on here. First, Missouri employs the rear-end collision doctrine. This is a legal principle which basically holds that a driver who rear-ends another is responsible for causing the wreck. This appears to be the case here in that the semi-truck driver was responsible for rear-ending the bus. However, the bigger issue with truck accident cases is WHY DID THIS HAPPEN. We can often find these answers by downloading the ECM or (black-box) data from the truck if we are brought in early enough. Like a plane, the black box data records everything the truck driver was doing in the moments before the crash. We can find out if he was speeding, if he ever hit the breaks, if he had a habit of speeding, etc. However, this has to be recovered immediately as truck companies often repair the truck as soon as possible to get it back on the road and the ECM will continue to record over itself.
Getting this ECM data as well as other documentation which the federal government requires the truck companies to maintain is often what allows us to impose punitive damages and thus maximize the truck accident settlement.
Joshua P. Myers is the owner and President of Myers Injury Law, LLC. Based in St. Louis, Missouri, his firm routinely handles truck accidents throughout all of Missouri. If you or a loved has been injured due to the negligence of a tractor-trailer driver, please contact a specialized Missouri Semi-Truck Accident Attorney to learn your rights. It is always free to discuss your case and we never charge attorney’s fees until we recover on your behalf.
As a Missouri Truck Accident Lawyer, I have kept up with the news of the fatal crash that killed 10 people on the Will Rogers Turnpike in Oklahoma. On June 26, 2009, tractor-trailer driver Donald Creed departed from crashed into several vehicles in front of him who were at a standstill from a previous accident on the highway. Creed’s tractor-trailer crushed many vehicles and killed two families and one other individual.
Randall Hayes, his wife Shelby Hayes, and their seven-year-old son Ethan Hayes of Frisco, Texas, died. Randall Hayes and his son were killed instantly. Shelby Hayes died later from her injuries. Two generations of the Hooks family from Oklahoma City were also killed in the crash. Oral and Earlene Hooks died along with their sons Antonio and Dione Hooks. Cynthia Olson of Crossroads, Oklahoma, also perished in the crash.
Many others were injured in the crash and most of those victims were trapped in their vehicles for over eight hours before rescue workers could free them from the wreckage. The driver of the tractor-trailer, Donald Creed, was in good condition after being treated at a hospital in Missouri for minor head injuries.
The tragic story of wrongful deaths could have been avoidable according to the National Transportation Safety Board. The NTSB’s investigation led them to believe that driver fatigue was a major player in the events that led to the accident. Associated Wholesale Grocers of Kansas City, Kansas, surrendered their travel logs to the NTSB soon after the fatal crash. The log shows that Donald Creed departed during the early morning with only five hours of sleep due to his sleep apnea. Creed’s condition does not allow him to get a proper amount of sleep during the night and causes constant fatigue.
After the investigation was over, Creed pleaded guilty to misdemeanor negligent homicide for the deaths totaling 10 counts and was sentenced to 30 days in Ottawa County Jail in Oklahoma and 10 years of probation for his role in the crash. Members of eight of the victims’ families filed a civil lawsuit against the company, Associated Wholesale Grocers, for their involvement in the tragic accident and were awarded $62.7 million on October 6, 2010.
Truck accident settlements are reached when companies are held accountable for their involvement in tractor-trailer accidents that cause injury or death. In my experience as Missouri Truck Accident Attorney, I have held the hands of victims or their loved ones as I have done my job to help them through a time of crisis. Most victims realize that no amount of money will bring their loved ones back, but they fight the companies to make sure they do not take someone else’s family away due to negligence.
On June 7, 2010, a very serious wreck occurred involving three tractor-trailer semi trucks. Involved in the crash were Randall Huff of London, Kentucky, Rodney Harrison of Wellington, Missouri, and Piotr Kwiatkowski of Newington, Connecticut. According to the reports, the accident occurred when Freightliner semi-truck driven by Randall Huff lost control and ran off the left side of the roadway. Huff’s tractor-trailer struck the median and crossed into the westbound traffic lanes. In doing so, he collided into the Peterbilt semi-truck driven by Rodney Garrison. This collision caused both 18-wheelers to overturn in the roadway. Finally, as the 2007 Freightliner driven by Piotr Kwiatkowski approached, he attempted to avoid the overturned trucks but was unable to do so and struck the rear of Garrison’s truck.
This is an example of the destruction that can be caused by one inattentive truck driver. Unfortunately, the injuries were very severe. Both Huff and Kwiatkowski were lifeflighted from the scene due to the severity of their injuries.
As a Premier Missouri Truck Accident Lawyer, I have been involved in numerous cases involving truck on truck accidents. These cases prevent a different spin than a general truck accident. First, the injuries are often much more severe just by virtue of the massive size of these machines. Thus, in order to obtain the largest truck accident settlement, these cases often involve getting the not only the best medical experts, but also the best illustrations of these injuries. This requires a law firm with the resources to put into the case. It is not uncommon for these cases to cost upwards of several hundred thousands of dollars in expenses. For example, we will often obtain illustrations to illustrate invasive medical treatment such as the following:
Beyond fully illustrating the injuries so as to maximize the settlement in these cases, the issue of why the wreck occurred must be fully explored. For example, what is not currently being reported is why Huff ran off the road to begin with. As in all truck accident cases, this examination should begin with the driver’s logs. By focusing on semi-truck accident cases, our firm has developed an intense knowledge of the trucking industry and the many requirements of the Federal Motor Carrier Safety Regulations which govern virtually every aspect of a trucker’s operations. The initial questions that should be answered is whether Huff lost control due to fatigue from driving over the alloted hours. Often times, when we find violations of the FMCSR’s, it is not only the truck driver who should be held responsible, but the truck company can also be subject to punitive damages for keeping a blind eye to their driver’s dangerous tendencies.
It is likely that the Missouri Highway Patrol has conducted an extensive investigation resulting in a reconstruction report, although such is not being reported. Of course, what is most important at this time is the health of those involved. Certainly we wish the best to both Huff and Kwiatkowski and hope for speedy recoveries.
Josh Myers is President of Myers Injury Law, LLC and a founding partner of Schultz Myers, LLC. The firm specializes in severe personal injuries cases throughout all of Missouri and focuses primarily on heavy tractor-trailer crashes. Myers is a member of the Multi-Million Dollar Advocates Forum, membership of which is reserved for only those attorneys who have recovered multi-million dollar recoveries in a single case. He has also been recognized in the 2010 issue of Missouri & Kansas Super Lawyer’s publication. He can be reached toll-free at 877-SUE-TRKS. He offers free case consultations and accepts all cases on a contingency fee basis meaning there are never any fees until and unless the firm recovers on the client’s behalf.
As a premier Missouri truck accident lawyer, I have learned the importance of retaining the best truck accident attorney as early as possible. The reason is so that I can download the truck’s black box data. Most people do not know this, but a semi-truck, or tractor-trailer, has an internal black box recorder like a plane does. Essentially, the black box records the truck’s actions in the seconds leading up to the crash. With this information, we can determine whether the truck driver was speeding or even if the driver ever hit the brakes before the crash. To get this information, we need to send an evidence preservation letter immediately after the crash. This preservation letter asks for a very compelling set of items, many of which are a choir to be maintained for a short period of time by the Federal motor carrier safety regulations. Of course, it also demands that we be given immediate access to the truck in order to download this black box data.
However, the problem that often prevents us from getting this information is that most people involved in a truck accident crash wait to contact a lawyer. The black box itself is constantly recording over itself. Thus, this is why it is so important to contact a highly skilled Missouri semi-truck accident attorney as soon as possible after the collision. The black box, also known as the electronic control module for ECM, only maintains information under very limited circumstances. One example is when there is a hard brake. Essentially, if the driver slams on the break, the truck will save a limited amount of recent data. However, this will only be stored until the next hard brake. Thus, the longer you wait to hire a skilled Missouri semi-truck injury lawyer, the higher the chance that the truck driver will record over the data from your wreck.
Obtaining the black box data is one of the many ways in which we maximize our client’s truck accident settlements. If you are trying to determine who is the best lawyer to call in Missouri if you’ve been injured in a truck accident, feel free to contact Josh Myers at 888-956-2487. He is the founding partner of Schultz & Myers, LLC. Based in St. Louis, Missouri, the firm specializes in severe personal injury cases such as truck accidents. He is a member of the Multi-Million Dollar Advocates Forum and the American Trial Lawyers Association (The Top 100 Trial Lawyers in Each State). It is always free to discuss your case and there are never any fees until you recover.
The information on this St. Louis Personal Injury & Workers Compensation Attorneys / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.
The choice of a lawyer is an important decision and should not be based solely on advertisements. Neither the Supreme Court of Missouri nor The Missouri Bar reviews or approves certifying organizations or specialists designations. Past results afford no guarantee of future results and every case is different and judged on its own merits. All case results listed on this website were obtained by Joshua P. Myers or Stephen Schultz in cases in which they were lead or co-counsel.
Car accidents can cause serious injuries to the spine, but an accident involving a tractor-trailer can be even more devastating. Most people who are involved in a Missouri motor vehicle accident will have back and neck pain, but they won’t know how serious it is until a doctor has seen them. In the event of an accident, the injured are taken to the hospital to be treated, but they don’t always find all the injuries. When you arrive at the emergency room, they will typically do an x-ray. An x-ray is not the best equipment to use as a way to diagnose herniated discs or whiplash because an x-ray does not show injuries to the soft-tissue.
Tractor-Trailer accidents account for 12% of all accidents, which is extreme since they only make up 3% of vehicles on the road. As a .jpg "Truck Driver Fatigue")
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This is a good news-bad news story. The good news is that after lengthy delays, it appears that the Senate, at last, has the opportunity to vote on a bill that will make it mandatory for all truckers to install electronic on-board recorders (EOBRs) rather than just those who have been found guilty of violating regulations in such a way as to endanger safety.
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