Legal Analysis – I-44 Truck Accident Near Pacific, MO

Post Date: November 16th, 2010

Several days ago, on November 12, 2010, another catastrophic truck accident occurred on I-44 in Franklin County near Pacific, MO.  The wreck occurred at 1:40 am.  At that time, a 2004 Kenworth Tractor-Trailer (18-wheeler), driven by Jane Rice, was traveling westbound on I-44.  The initial reports are that she crested a hill and then struck a 1994 GMC being driven by Mary Kerbler.  Reportedly, Kerbler’s car was stopped and the semi-truck could not stop in time before it slammed into the rear of the pickup.  The collision sent the truck flying into a rock embankment causing it to flip over.  Below is video footage shot live at the scene.  It is easy to see the destruction caused by this wreck.

Viewing the carnage shown in the video, it is no surprise that this Pacific Truck Accident resulted in multiple serious injuries.  Luckily though, no one was fatally injured.  Both Mary Kerbler and her passenger, were seriously injured and taken by ambulance to St. John’s Mercy Medical Center.  Additionally, both Jane Rice and her passenger, Donald Rice were also listed as having serious injuries and both of them were also taken to St. Johns hospital.

Initially, one might blame Kerbler for being stopped in the road.  However, it is not clear from the initial reports as to why she was stopped, where she was stopped, or even if she was stopped.  Regardless, Missouri Rules of the Road require truck drivers to be able to safely control their vehicles.

Maximizing A Truck Accident Settlement

As a Missouri Truck Accident Attorney handling cases like these throughout all of Missouri, there are immediate actions that should be taken in order to maximize a truck accident settlement.

The Evidence Preservation Letter

First, we send a preservation of evidence letter.  This requires both the drivers and their truck company to preserve specific documentation regarding the driver’s route, logbook, training materials, hiring and qualification documents, etc.  Under the Federal Motor Carrier Safety Regulations, truck companies can dispose of this documentation after a short time period.  And in cases like this, they will.  However, if they do so after receiving an evidence preservation letter, then if the matter went to trial, the jury would likely be given an adverse inference instruction.  This basically tells the jury that they are to assume the documents were destroyed because they contained damning information against the truck company.  When a judge reads this type of instruction to the jury, it can be extremely powerful.

The Truck Inspection

The second thing that should happen immediately is to have an accident reconstructionist examine the truck.  The Federal Motor Carrier Safety Regulations contain many rules about how trucks are to be maintained.  Brakes are especially important.  It may very well be that faulty brakes or worn brakes contributed to the truck driver not being able to stop.  When truck accidents occur as a result of violations of the Federal Motor Carrier Safety Regulations (such as not properly maintaining brakes), then punitive damages are often proper.

The ECM Download

The third thing that should immediately happen is to download the truck’s ECM data.  Like an airplane, most semi-trucks have an Electronic Control Module, or “black-box”.  The ECM records all of the truck’s actions in the moments leading up to the crash.  If could possible tell whether the driver ever hit the brakes, how fast they were going before the crash, and how long they had been driving (where they fatigued because they were driving over the allowed hours?).  The ECM data can be a gold-mine in these cases.  However, unless it is obtained immediately it is often forever lost as the ECM will consistently record over itself if the truck is put back on the road.

Of course, these things can only be accomplished through Truck Accident Specialist.  Truck Accident cases are vastly different than a “run of the mill” car accident case because they require specialized knowledge of the not only the trucking industry but also the Federal Motor Carrier Safety Regulations.

Joshua P. Myers is the Owner and President of Myers Injury Law, LLC and founding partner of Schultz & Myers, LLC.  Based in St. Louis, Missouri, his Personal Injury Law Firm exclusively handles personal injury cases throughout the entire state of Missouri with an emphasis on tractor-trailer accidents.  It is always free to discuss a potential case and all fees are taken as a percentage of the recovery so it never takes any money to get started.  For more information, the firm can be contacted at 877.SUE.TRKS.

Tags: accident, crash, donald rice, federal motor carrier safety regulations, franklin county, i-44, jane rice, leon smith, mary kerbler, missouri, mo, pacific, rear-end, semi-truck, truck accident, wreck
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