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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: July 15th, 2011
 A 15-year-old Turley, Oklahoma boy suffered serious injuries on Tuesday night in a truck accident hit-and-run near Springfield, Missouri. The Missouri truck accident occurred around 10:50 p.m., when the teenager was walking along the shoulder of Interstate 44 west of Springfield. Apparently, the tractor-trailer struck the boy and then struck a red tow truck before leaving the scene of the accident heading West. According to the Missouri Highway Patrol, the tractor-trailer was white and hauling a trailer. It is believed that the tractor-trailer may have red paint marks on it from its collision with the tow truck. The teenager remains in the hospital although there has been no update on the extent of his injuries.
According to Missouri law, the truck driver was legally obligated to stop and help the victim while waiting for emergency officials to arrive. In Missouri it is illegal for anyone to leave the scene, which is damage to persons or damage to property. Because of the truck driver’s negligence and decision to flee the scene of the accident, the driver will face a class D felony when found. In this particular case, it is unclear why the driver left the scene of the accident, but a search is underway for the truck driver. As a Missouri truck accident attorney, I certainly hope that the driver is stopped, especially for the sake of this young victim. A variety of unique legal issues will happen to a truck driver, especially one where the driver left the scene accident. Several parties may be held accountable for this special trucking accident like the trucking company.
If you or a loved one was involved in an accident with a commercial truck, call an experienced truck accident attorney. Accidents that involve negligence and serious injury or death should not be ignored. Call 888.956.2487 to speak to an experienced Missouri truck accident attorney and let us help you pursue the compensation you deserve. Our attorneys protect the rights of truck accident victims because the trucking industry is only concerned about their bottom line.
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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.
 Tags: collision, driving, hit and run, injury, missouri truck accident lawyer, myers, tractor-trailer, wreck
Posted in Missouri Truck Accidents, MO Truck Accidents, Pedestrian Truck Accidents, Semi-Truck Accident Injuries, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 14th, 2011
 When a tractor-trailer driver is distracted, they can cause serious injury and property damage. As a Missouri truck accident attorney, I was disappointed that a tractor-trailer had overturned and killed livestock. A tractor-trailer overturned near Buck Creek, Missouri, on January 2, 2011. Highway 67 was blocked by the overturned tractor-trailer, which disabled the highway for seven hours, disrupting traffic. The trailer of the truck was filled with cows, but many were killed instantly.
At this point, investigators have not said what caused the truck to overturn and trailer. According to the forecast for that day, there was no fog, rain, or snow to contribute to the truck accident in Missouri. Truck accident attorneys often see incidents caused by distracted tractor-trailer drivers because of text messages or talking on mobile devices. It is unclear whether the distraction contributed to cause this accident. Fortunately, no other vehicles were involved and the driver of the truck escaped without serious injuries.
If you see a tractor-trailer driver swerving or driving erratically on the road, you should contact the authorities before someone is seriously injured. Responsible citizens must be careful to protect each other and tired truckers. If you or someone you love has been injured by the negligence of a truck driver or the company they work for, please call 888.956.2487 for a free consultation and let us help you through this difficult time.
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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.
Tags: collision, distracted driver, injury, missouri truck accident lawyer, myers, truck accident, truck accident settlements, wreck
Posted in Missouri Truck Accidents, MO Truck Accidents, Truck Accident Advice, Truck Accident News, Truck Accident Settlements | No Comments »
Post Date: July 13th, 2011
 Research conducted by the Missouri Department of Transportation confirms what Missouri truck accident attorneys have suspected for a long time. The recent research proves the relationship between a truck driver’s safety record and his or her risk of being involved in a Missouri truck accident. The outcome of the research confirms that commercial trucking companies need to exercise caution when screening potential truck drivers for employment.
The research data, which involved over 580,000 truck drivers, was gathered over two years. The data that was collected only involved the information that could increase a truck driver’s accident risk by over 50%. The study concluded with some interesting findings:
- A truck driver’s failure to use the proper signals while on the road were linked to an increase in a truck driver’s accident risk. Failure to use signals increased a driver’s risk by 96%.
- A similar increase in a truck driver’s accident risk was previous violations for improper passing, which increased a truck driver’s risk by 88%.
Other risks that increased the risk a truck driver would cause a Missouri truck accident:
- Improper turn violations/convictions – 84%
- Improper lane change violations/convictions – 80%
- Improper lane/location violations/convictions – 68%
- Failure to obey traffic signs/signals violations/convictions – 60%
- Speeding violations/convictions – 67%
- Reckless driving violations/convictions – 64%
According to the Missouri Department of Transportation, there was an increased risk of Missouri truck accidents by 64%. The newest research contradicts the 2005 crash report, which stated that a truck driver with three violations or convictions actually doubled the Missouri truck accident risk. By looking a truck driver’s accident safety history, which includes any traffic violations, commercial trucking companies could eliminate potentially dangerous drivers’ from their staff.
There are many other factors that must be taken into account in the event of a Missouri truck accident. The fault of a truck driver is one of the major factors, but truck insurance companies will try to limit the amount paid out to the victims, so it is important that you do not leave it up to the insurance company. The services of an experienced truck accident attorney in Missouri are important so your rights are looked after in the event of an accident. Call 888.956.2487 to speak to one of our experienced truck accident attorneys and learn what your rights are as a victim.
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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.
Tags: missouri truck accident lawyer, truck accident, truck drivers
Posted in Missouri Truck Accidents, MO Truck Accidents, Truck Accident News | No Comments »
Post Date: July 11th, 2011
 Photo courtesy of Huffington Post Green A tractor-trailer accident in Clay County, Missouri early Monday morning left a cargo of 720 pigs injured or running loose on the road. Nearly 50 pigs escaped after the crash, which required them to be captured. The pigs were shaken with a few serious injuries. The driver of the tractor-trailer was not injured, but the accident closed the ramp to the on northbound Interstate 435 to 35th. It is not yet clear what caused the tractor-trailer to turn over on the highway ramp, but the Missouri Highway Patrol is investigating.
The investigation into an accident like this will be ongoing and may take several days before authorities know what was the cause. One of the causes of truck accidents can be attributed to an inventory overload. While smaller vehicles are already at a disadvantage when large trucks drive unsafely, many truck drivers and trucking companies make it even more dangerous when they overload the tractor-trailers. When a truck is overloaded, control may be more difficult, which can lead to an accident.
An overloaded truck combined with a tired driver on a tight schedule and driving in weather conditions less than perfect can really be a recipe for disaster. Tractor-trailer in Missouri are allowed to weigh 80,000 pounds and more of this weight is prohibited by federal law. Although 80,000 pounds is the legal limit, it is well documented that the truck of this weight is almost twice as likely to be involved in a fatal accident.
Our experienced Missouri truck accident attorneys are relieved there was not the loss of life in this tractor-trailer accident. If you or a loved one have been injured in an accident with a tractor-trailer, it is very important that you call 888.956.2487 immediately. Speaking to an experienced truck accident attorney who fully understands the complexity involved can make a difference to your future.
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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.
Tags: collision, injury, missouri truck accident lawyer, tractor-trailer, truck accident
Posted in Missouri Truck Accidents, MO Truck Accidents, Truck Accident News | No Comments »
Post Date: July 8th, 2011
 Photo courtesy of Squidoo On June 9, 2011 a truck hauling a full-sized trailer crashed in the early morning hours on I-44 near Springfield, Missouri. According to ozarkfirst.com, the accident happened when the driver of the truck fell asleep at the wheel. The driver woke up as his truck began to cross the lanes of the highway. When he tried to correct the truck with the trailer, he overcorrected. The overcorrection caused him to hit the rock barrier on the side of the road. Fortunately the driver was not injured and no other vehicles were involved in the Missouri truck accident. Even there were no injuries, the truck accident shut down I-44 and slowed morning traffic while the accident debris was cleared from the highway.
Driver fatigue in Missouri, whether it is a driver of a passenger vehicle or a large tractor-trailer, can be extremely dangerous. The Federal Motor Carrier Safety Administration recognizes that fatigue driving impairs driver performance, which is why they regulate the hours of operation for truck drivers. In addition to regulating the commercial trucking industry’s hours of operation for each driver, they recommend that drivers maintain a healthy diet. The FMCSA also requires all commercial truck drivers in Missouri to have a physical done regularly because illnesses like sleep apnea can cause a driver to become fatigued while driving.
No tractor-trailer accident is the same. Tractor-trailer accidents can happen when a driver is fatigued or makes bad decisions; when a commercial trucking company chooses not maintain their trucks or use faulty equipment; and when they choose to put the public’s safety behind making a profit. If the commercial trucking company has injured you by a negligent truck driver or because of negligent decisions, please contact an experienced Missouri truck accident attorney immediately. The longer a tractor-trailer accident victim waits to hire an attorney, the less evidence that will be available to fight for compensation. Call 888.956.2487 to speak to one of our experienced Missouri truck accident attorneys about your tractor-trailer accident injury claim.
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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.
Tags: fatigue, missouri truck accident lawyer, tractor, truck drivers
Posted in Fatigued Truck Drivers, Missouri Truck Accidents, MO Truck Accidents, Truck Accident News | No Comments »
Post Date: July 7th, 2011
 Every day across the nation, commercial truck drivers become distracted while behind the wheel. These distractions cause truck accidents, which sometimes prove fatal. Recently a 33-year-old truck driver was given two years probation for a truck accident that caused the death of two people in Missouri. The fatal truck accident happened a year ago on Missouri Interstate 55. As stated in the Missouri Highway Patrol report, the driver of the truck was “inattentive while driving,” which resulted in a fatal Missouri truck accident. When the driver did look up from whatever was distracting him, he saw several cars stopped in front of him.
Even though the driver says he was following the speed limit at the time of the Missouri truck accident, he swerved but was unable to avoid colliding with two vehicles in front on him. The truck driver said he cannot remember what distracted him, but he thinks that his eyes were only off the road for no more than six seconds. Regardless of how little time his eyes were not on the road, he was unable to react quickly to avoid a collision that turned fatal.
The result of the collision killed two people in the eight-vehicle pileup. One vehicle, driven by a 52-year-old man from Perryville, was dragged 100 yards by the semi-truck. He was pronounced dead at the scene of the Missouri truck accident. The second victim in the fatal Missouri truck accident, a 28-year-old, was airlifted to a hospital in St. Louis where she died shortly after arriving. Several other drivers and passengers were severely injured in the Missouri truck accident, which include injuries to the head, neck, and back.
The truck driver, formerly employed by Western Express, Inc., is no longer driving a commercial truck. The mother of the man and 11-year-old daughter of the woman who was killed in the fatal Missouri truck accident has filed wrongful death lawsuits. Those lawsuits plus other personal injury lawsuits are currently pending against at-fault truck driver and Western Express, Inc.
After a devastating accident such as this, most Missouri truck accident victims will not think about compensation as they try to recover from their injuries. Over time, the medical bills and physical therapy add up and they feel hopeless. If you were injured in a Missouri truck accident, contact an experienced attorney immediately especially if you were not wearing a seat belt. A Missouri truck accident attorney will know how the absence of a seat belt and the Missouri seat belt laws will affect your claim. Call 888.956.2487 to speak to an experienced Missouri truck accident attorney to discuss your claim.
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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.
Tags: distracted driver, fatal, joshua, killed, missouri truck accident lawyer, myers, truck accident settlements, truck drivers, wrongful death
Posted in Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries, Truck Accident News | No Comments »
Post Date: July 6th, 2011
 - Photo courtesy of The Press-Enterprise
Missouri tractor-trailer accident attorneys have written many times on the new federal rules that limits the number of hours truck drivers are allowed to work each day. The reason this topic is so important is because it limits the number of tractor-trailer accidents in Missouri that are fatigue-related. Although this new rule was put into effect in order to protect motorists, it does put a limitation on the trucking industry’s profits. Because this new rule is limiting a truck driver’s time on the road, it is no surprise that the trucking industry has testified in front of congress against the new hours of service rules.
In the June 14, 2011 publication of The Trucker, an article was written about a representative from the American Truck Association. According to this article, the representative spoke to a Congressional House subcommittee about what the new hours of service rules will cost the industry. The new hours of service rules is slated to begin in October. The owner of a trucking company in Michigan, James Burg, explained to the subcommittee that this new rule would require him to hire more workers to do what his current staff already does, ultimately driving up his costs.
The new hours of service regulations would limit the allowable driving hours per day to 10 hours from 11 hours. The total numbers of hours a driver can work, including paperwork, will be cut from 14 hours to 13 hours. The new rules will also require a driver to take a mandatory break of 30 minutes after driving for seven hours. James Burg, who sits on the ATA Board of Directors, told congress that the cost of hiring new drivers would get passed onto the customers, which would make his customers likely pass on service. The ATA’s position on the new hours of service is that the current rules are working fine for both sides.
I understand that the trucking industry opposes the new rules because it could cost additional money, but are the lives of motorists less important than a potential profit? Fatigued driving has become a serious problem for the trucking industry as well as motorists. Longer shifts save money for the trucking industry, but it also creates the risk that drivers are too tired to operate such a powerful vehicle. The trucking industry argues that customers will pay the price for the new hours of service by price increases on goods. However, I believe that people will be more willing to pay more for groceries if it lowers the risk that they might lose a loved one because of a fatigued truck driver.
Even with the new hours of service, the risk of a truck driver causing a Missouri truck accident because they are tired. Even with the rules, truck drivers will ignore them either to make a timely delivery or at the request of the employer. If you or someone you love is seriously injured in a Missouri truck accident, call 888.956.2487 to speak to an experienced Missouri truck accident attorney.
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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.
Tags: driver, fatigue, federal motor carrier safety regulations, Joshua Myers, truck accident
Posted in Fatigued Truck Drivers, MO Truck Accidents, Truck Accident News | No Comments »
Post Date: October 13th, 2010
 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.
Tags: black box, camden county, rear-end, school bus, truck accident
Posted in Bus Accidents, Camden County Truck Accidents, Maximizing Truck Accident Settlements, Missouri Truck Accidents, MO Truck Accidents, Semi-Truck Accident Injuries | No Comments »
Post Date: June 3rd, 2010
More details have been released in the June 2, 2010 fatal semi-truck crash which happened on Northbound I-55 near McNutt Road in Herculaneum, Missouri. Since I originally blogged about this Herculaneum Tractor-Trailer Crash, more details have been released.
We now know that the truck driver is 32-year-old Jay L. Valentine of Huntsville, Texas. He told officers that “he looked over to his right for some reason, and looked back, and traffic had slowed.” When this happened, Valentine plowed into the cars in front of him causing a essentially what is now being reported as a nine car pile up. Tragically, a 52-year-old man and 28-year-old woman from Festus were killed. Otherws were injured.
Frankly, when you look at the carnage that was done, I am not buying Mr. Valentine’s story. While I certainly believe he wasn’t looking straight ahead, I think he must have been doing more than glancing to the side. There is absolutely no reports that the cars in front of him suddenly hit their brakes. Thus, I can only assume it was a gradual slow down. Thus, this begs the question – How long was Mr. Valentine not looking at the road?
Truck drivers have an obligation, not only under common sense but under Federal Safety Regulations, to pay attention to the road at all times so that they can see what is in front of them. The rationale is obvious – it is to prevent tragedies like this.
Of course, I would bet there is more to the story. My law practices specializes solely in injury law with an emphasis on semi-truck accident cases. Behind every so-called “accident”, there is generally a bigger story. For example, when we are involved in a case, we subpoena a number of records from the truck company to determine:
- What was the truck driver’s background
- Was a safety check performed on him before hiring
- Did he have any past safety violations
- Did the truck company properly train him
- Was he medically fit to drive a truck
These are but a few of the many stones that need to be uncovered. Some may think I am coming down too hard on Mr. Valentine – and perhaps I am somewhat slanted. My life is built around representing persons injured by the recklessness of others. But, tractor-trailer cases are my passion and there has to be accountability against unsafe truck drivers and the companies that employ them. This is often done through discovering a number of factors which lead to the imposition of punitive damages. All I can say in this case is that my heart goes out to all of the families involved and I hope that justice is done.
Joshua P. Myers is a Premier Missouri Personal Injury Lawyer. He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC. His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) – click here for his Missouri Truck Accident Website. He is a member of the Multi-Million Dollar Advocates Forum – membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case. Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois. He can be reached toll-free at 888-956-2487. It is always free to discuss a potential case and there are never any upfront fees to retain his firm. Rather, attorney’s fees will be taken as a percentage of the recovery and the firm will also front all case expenses.
Posted in Missouri Truck Accidents, MO Truck Accidents | No Comments »
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A 15-year-old Turley, Oklahoma boy suffered serious injuries on Tuesday night in a truck accident hit-and-run near Springfield, Missouri. The Missouri truck accident occurred around 10:50 p.m., when the teenager was walking along the shoulder of Interstate 44 west of Springfield. Apparently, the tractor-trailer struck the boy and then struck a red tow truck before leaving the scene of the accident heading West. According to the Missouri Highway Patrol, the tractor-trailer was white and hauling a trailer. It is believed that the tractor-trailer may have red paint marks on it from its collision with the tow truck. The teenager remains in the hospital although there has been no update on the extent of his injuries.
