“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.
The Federal Motor Carrier Safety Administration has recently revised its safety reports and monitoring of commercial vehicles from 2010. The first state to have tested the new reporting standards was Missouri. The results of the reporting year is amazing and startling. Reports indicate that 20% of tractor-trailers in Missouri in 2010 may have been in violation of safety rules.
Tractor-trailer drivers put other drivers at risk and reckless trucking companies are the most common cause of serious tractor-trailer accidents that result in catastrophic injuries and deaths. The level of destruction of a even the smallest tractor-trailer accident can be severe. Injuries such as fractures and soft tissue, most every collision with a tractor-trailer results in personal injury claims of some kind.
It’s disappointing that the commercial trucking industry is not more concerned with the safety of other drivers on the road. When a Missouri tractor-trailer accident happens because of negligence, truck accident attorneys can file for compensation for the victims and their families. Compensation for injuries or wrongful death can help the victim or their family pay for past and future medical bills or lost wages that are the result of the accident. If you have been injured in a Missouri truck accident or you have lost a loved one because of a negligent truck driver, call an experienced truck accident attorney. You need someone fighting for your rights, so call 888.956.2487 for a free consultation to discuss your claim.
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.
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.
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 Missouri truck accident attorney, I was interested to read that a truck driver will face criminal charges for an accident that killed three people near Bonne Terre. KMOV reported on January 20, 2011 New York truck driver Robert Carmona faces three counts of murder and charged with driving without a valid license. Carmona did not stop in time before he hit a car at the intersection of Highway 67 and Berry Road. The January 20th accident caused the death of 56-year-old Frank Weber of De Soto, 18-year-old Rachel Sharp, and 20-year-old Aaron Weber both of Bonne Terre. Carmona was not affected.
Sharp was the youngest and was four months pregnant at the incident. The victims had stopped on Highway 67 at about 1:30 p.m. on the day of the accident in Weber’s Ford Crown Victoria. None of them were wearing seat belts. Carmona apparently could not stop the tractor-trailer rear-ended Weber’s vehicle. The crash pushed both vehicles off the road and pulled the car several hundred yards. All three people were pronounced dead at the scene by county coroner of St. François. Carmona was not injured. It is not clear why Carmona failed to stop, but authorities said that he had a suspension of his driver’s license and another report showed that his license had been revoked because he tried to steal a motor fuel.
Truck drivers are responsible for many tons of a vehicle that can do a lot of damage, as demonstrated by this case. Therefore, they are held to a higher standard than normal drivers. It is unclear whether a suspended license is sufficient to justify the prosecution of Carmona, but the prosecutors in the region believe they can win a case of culpable homicide against him. Our experienced Missouri truck accident attorneys focus their practice on helping victims of serious accidents and holding trucking companies and their drivers legally responsible for their actions. If you’ve been injured or lost a loved one due to the negligence of a trucking company and their driver, call 888.956.2487 for a free consultation and let our attorneys 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 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.
Missouri truck accident attorneys focus on serious injuries and wrongful deaths that are the result of negligent tractor-trailer driver’s and the companies that hire them. Tractor-trailer drivers and commercial trucking companies have different responsibilities forced on them by the Federal Motor Carrier Safety Regulations, which are designed for public’s safety. As a Missouri truck accident attorney, I have successfully collected millions of dollars in compensation for victims of negligent tractor-trailer drivers and the commercial trucking companies.
Our experienced truck accident attorneys stay up-to-date on the recent changes in legislation, laws, and regulations that affect the commercial trucking industry. My goal is to educate motorists that commercial trucking companies routinely violates the standards set forth by the Federal Motor Carrier Safety Administration. By ignoring the regulations, tractor-trailer drivers and the companies they work for are putting innocent motorist in Missouri in danger.
When a tractor-trailer driver and the commercial trucking companies cut corners, the outcome can be devastating. The people and families affected by a Missouri truck accident are the ones who are left to pick up the pieces. Over time the bills begin to pile up and the incoming wages stop because injury or death prevents victims from working.
If you or someone you love has been injured by the negligence of a truck driver or the company they work for, please call 877.SUE.TRKS for a free consultation and let us help you through this difficult time.
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.
Sometimes in a tractor-trailer accident, the damage is minimal with only minor injuries, but sometimes even minor damage to a vehicle could be potentially catastrophic. As a Missouri truck accident attorney, I became concerned of some design flaws that exist in tractor-trailers carrying liquid. An accident in Sacramento, California, between a diesel cargo truck and a passenger car on December 13, 2010 illustrates just how dangerous this type of tractor-trailer can be.
A passenger car began to pass the tractor-trailer, but brushed up against it. The passenger car driver then struck a SUV that was nearby. No one was injured in the accident and none of the vehicles involved were totaled. The highway patrol had the accident cleaned up within several hours and reopened Interstate 5. Although none of the drivers were injured in the multi-vehicle accident, the tractor-trailer did begin leaking diesel fuel immediately after the passenger car brushed up against it. The small scrape began leaking the fuel onto the highway, but the highway patrol was able to contain the leak with sand and clean up the residue.
The people involved in the accident are very lucky that the tractor-trailer was transporting diesel fuel instead of gasoline. Gasoline is violently combustible and can ignite with the smallest spark or static electricity. The tractor-trailer accident could have been much worse also if the truck was carrying dangerous toxic chemicals, acids, and other volatile material. If the contents of hazardous materials can be exposed with a minor scratch, then the commercial trucking industry needs to address the flaw. Too many people are injured in tractor-trailer accidents because of negligent driving and motorists do not need the added danger of toxic material exposure.
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.
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.
If you’ve suffered injuries in a tractor-trailer accident, you may be overwhelmed with medical expenses and ongoing treatment that you may not realize you need to make a decision. Missouri truck accident attorneys understand the emotional rollercoaster that follows a serious tractor-trailer accident, but it is important to see an attorney soon after the crash. Trucking companies have a frontline of professionals they use to defend their money. They will do everything they can to limit the amount of money they pay to tractor-trailer accident victims.
In Missouri, you have up to 5 years to file a lawsuit in a personal injury case, but if you wait too long you could lose important evidence. The sooner you hire an experience Missouri truck accident lawyer, the better chance you have to uncover any violations of FMCSA safety regulations. If a trucking company is in violation to the safety regulations, it could result in compensation for injuries or wrongful death. A Missouri tractor-trailer accident lawsuit usually includes a claim of negligence on the tractor-trailer driver and the employer’s behalf.
Trucking companies that operate under the authority of the Department of Transportation are responsible for screening and training their truck drivers. When a bad tractor-trailer driver slips through the cracks and causes a Missouri truck accident, the company is negligent. The Eastern District Federal Court of Missouri has decided that trucking companies, who are in breach of safety regulations, offer evidence that they knowingly had no regard for the safety of motorists on the road. If the evidence has been established in a civil court, the victims of the tractor-trailer accident could receive compensation.
Although the decision by the court offers tractor-trailer accident victims more rights in the courtroom, the injured should contact an experienced Missouri truck accident law firm immediately. The trucking companies send out investigators to collect evidence immediately after the accident. If the trucking and insurance companies do not receive a “preservation of evidence” letter, then they could dispose of evidence that is crucial to the personal injury claim. Call 877.SUE.TRKS to speak to an experienced Missouri truck accident attorney and let us be on your side.
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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 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.
We know that following traffic laws keep our families safe and reduces the likelihood that we will be the cause of an accident. We do our part to stay safe on the road, but sometimes negligent tractor-trailer drivers put us in danger. Truck accident attorneys in Missouri have seen the destruction that a negligent tractor-trailer driver can have on a person and their family. The trucking companies and their drivers fail to follow federal motor carrier safety regulations, which can cause serious injury or fatalities on our Missouri highways every day. In order to protect motorists on the road, the Federal Motor Carrier Safety Administrations monitors the trucking company and their drivers to make sure they are following safety regulations.
During 2008 more than 380,000 tractor-trailer accidents were recorded by the National Highway Traffic Safety Administration of which 4,000 of those accidents claimed a life. The Federal Motor Carrier Safety Administration, known as FMCSA, requires that all drivers whether they are employees or independent contractors comply with federal safety regulations. During the late 1990s, trucking companies tried to avoid responsibility of tractor-trailer accidents by hiring independent contractors to drive their freight. The FMCSA picked up on the trucking companies’ tactics and rewrote the definition of “employee” so they could not longer avoid being held accountable for injuries or fatalities caused by their driver’s negligence.
Driver fatigue is one of the major problems with the trucking industry. In order to protect us from a fatigued driver, the FMCSA requires that drivers may not drive longer than 11 hours after 10 straight hours off duty. To verify that a truck driver is following this safety rule, the trucking company should audit the driver’s logbook after each trip. Unfortunately, large trucking companies ignore too many FMCSA regulations because the rules limit the amount of time a driver stays on the road, which limits the profits to be made. Until the government steps into watch trucking companies closer, the trucking companies will continue to ignore the regulations that were designed to protect us.
It is unfortunate that trucking companies are not more concerned with the public’s safety, but tractor-trailer accident victims still hold them accountable for their injuries. If you have been injured in a tractor-trailer accident, do not hesitate to contact an experienced truck accident attorney to discuss your claim. If the trucking companies are not going to follow safety regulations, then they should compensate for injuries or wrongful death because of their negligence. Call 877.SUE.TRKS (877-783-8757) to speak to one of our experienced Missouri truck accident attorneys to schedule a free consultation. We’ll help you fight for your rights as a victim and make the trucking company pay for their negligence.
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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.
The road can be a dangerous place, and we follow the rules of the road in order to protect the people we love and ourselves. Tractor-Trailer drivers also have rules that need to be followed, but when they don’t follow the federal motor carrier safety regulations, the victims and their families are the ones that pay the price. As a Missouri truck accident attorney, I know that sleep apnea is a dangerous disorder for a tractor-trailer driver to have, but now some drivers admit that the fatigue from the disorder and truck accidents are related.
The greater part of serious truck accidents in Missouri are caused by tractor-trailer drivers that are fatigued, which is a side effect of sleep apnea. Many different studies show that drivers with sleep apnea drive as poorly as drivers who are intoxicated, which puts a lot of motorists in danger on the road. One study found that 28% of tractor-trailer drivers had sleep apnea. One-third of those with sleep apnea reported having severe sleep apnea. The researchers interviewed 1,391 commercial tractor-trailer drivers to complete the study, which is only a small sample of the commercial tractor-trailer drivers on the road.
People who suffer with sleep apnea cannot get a good nights sleep because the disorder causes the body to stop breathing for a short time and they wake up to gasp for air. Tractor-trailer drivers who don’t get enough sleep are putting Missouri drivers at risk. There are a higher percentage of tractor-trailer drivers with the sleep disorder than the rest of the public because truck drivers as a group have a higher rate of obesity. Unfortunately, tractor-trailer drivers are not always able to maintain a healthy lifestyle on the road because they suffer from illnesses that the general public does not.
The trucking companies that knowingly hire unhealthy tractor-trailer drivers regardless whether they pass the standard health qualifications must be held responsible for their negligence. In the future, I hope more will be done to reduce the number of tractor-trailer drivers with fatigue problems like sleep apnea to help prevent the number of truck accidents. If you have been seriously injured or lost a loved one in a Missouri truck accident, please call an experienced Missouri truck accident attorney. Commercial trucking companies will do everything they can to avoid paying out too much on a personal injury or wrongful death claim, so call 877.SUE.TRKS and let us deal with them 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 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.
The weather is getting colder, which means another Missouri winter is well on its way. When winter makes driving a little trickier, motorists need to take extra precautions to stay safe on the road. Sharing the road with a tractor-trailer on icy roads is even more dangerous during the winter months because of hazardous conditions. As a Missouri truck accident attorney, I want to give all drivers a few tips for sharing the road with tractor-trailers this winter.
While driving on an icy road would you tailgate a passenger vehicle? The answer is probably not because it’s dangerous. Following a tractor-trailer on icy and snowy roads is even more dangerous because of the destructive power of the truck. If you follow too closely you may not be able to stop in time to prevent a rear-end collision. As a driver, you also want to keep distance between you and a tractor-trailer in case the truck hits a patch of ice and loses control on the road.
When road conditions are affected by the winter weather, you should always give yourself enough space between other vehicles. This is also very important when driving near a tractor-trailer. If you are passing a truck on the highway, give enough space when you pull in front of the truck. If you cut off a truck on icy roads, there is no guarantee it is going to stop. Truck drivers also run the risk of jackknifing the truck when forced to slam on the brakes.
There is a blind spot for every vehicle, especially tractor-trailers. It is difficult enough for truck drivers to see when the weather is clear, but when it is snowing it is impossible. If you are required to drive near a tractor-trailer, get out of the truck’s blind spot as soon as possible. Remember, if you can’t see the mirrors on the truck then the truck driver can’t see you.
The final tip to drive safely around tractor-trailers this winter is to avoid being in front of a truck on a steep hill. Truck drivers can burn out their brakes by driving on steep hills, which puts other motorists at risk especially on icy roads. If you are driving near a tractor-trailer and you come upon a steep hill, get in the lane opposite the truck. If you are not in front of the tractor-trailer, the driver will have more road to maneuver the truck.
The winter months in Missouri create hazardous situations for drivers. You won’t be able to avoid every accident, but you can practice safe driving tips to reduce the risk of a serious tractor-trailer accident. If you are injured in a truck accident, call 888.956.2487 and speak to an experienced truck accident attorney about 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 Missouri 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.
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.
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.
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.
The Federal Motor Carrier Safety Administration has recently revised its safety reports and monitoring of commercial vehicles from 2010. The first state to have tested the new reporting standards was Missouri. The results of the reporting year is amazing and startling. Reports indicate that 20% of tractor-trailers in Missouri in 2010 may have been in violation of safety rules.
If you’ve suffered injuries in a tractor-trailer accident, you may be overwhelmed with medical expenses and ongoing treatment that you may not realize you need to make a decision. 
We know that following traffic laws keep our families safe and reduces the likelihood that we will be the cause of an accident. We do our part to stay safe on the road, but sometimes negligent tractor-trailer drivers put us in danger. 
The road can be a dangerous place, and we follow the rules of the road in order to protect the people we love and ourselves. Tractor-Trailer drivers also have rules that need to be followed, but when they don’t follow the 
The weather is getting colder, which means another Missouri winter is well on its way. When winter makes driving a little trickier, motorists need to take extra precautions to stay safe on the road. Sharing the road with a tractor-trailer on icy roads is even more dangerous during the winter months because of hazardous conditions. As a 
