Truck Accident Lawyer

Police in Sioux County, Iowa are seeking assistance in finding the driver of a semi truck that caused an accident and then drove away from the scene last Thursday. Facts in the case are scarce: Around 3 in the afternoon, the tire of the truck blew out while the truck was traveling northbound on Sioux County Road L22, near the city of Granville, Iowa. Part of the tire and part of the trailer itself then went through the windshield of another vehicle. The semi then drove away from the scene with its tire still presumably shredded. The driver of the van that was struck was Duane Diamond, a 59 year old resident of Cherokee, Iowa. He was taken to nearby Orange City Hospital for treatment of injuries sustained in the crash. According to witnesses, a white mudflap with the word ‘Smithco’ written on it broke off the truck, presumably when the tire blew. Anyone with information is encouraged to contact Sioux County deputies with any information they might have. If the driver is apprehended, he could face very stiff penalties. First of all, there is the fact that his vehicle injured another driver, yet he drove away from the scene. Leaving the scene of an accident which resulted in an injury is considered a serious misdemeanor in Iowa, and carries penalties of up to one year in prison and a fine of $1,875. It could also result in the suspension or forfeiture of his license depending on the discretion of the judge in the case. It is also possible, even likely, that the driver will be considered for reckless driving and endangerment of other drivers on the road — driving with a blown out tire is a difficult proposition at the best of times, and doing so with a difficult to control vehicle such as a semi exacerbates the matter extensively. Again this is only a misdemeanor, but carries with it a possible 30 days of additional jail time and a fine of $625. Semi truck drivers have an additional responsibility to drive safely and with concern for other motorists. Leaving the scene of any accident is illegal; leaving the scene of an accident where someone is injured is reprehensible.

ConsumerReports.org released an article earlier this week discussing a recently completed study by the National Highway Traffic Safety Administration which highlights the dangers associated with underinflated and worn-out tires. Our Chicago truck accident attorneys learned that the study conducted by the National Highway Traffic Safety Administration looked at crash data from 2005 through 2007 – before tire-pressure monitoring systems were required to be installed on all vehicles. It was revealed that vehicles driving on tires underinflated by more than 25 percent are three times more likely to be involved in a motor vehicle accident than vehicles with proper inflation. Additionally, it was found that underinflated tires of up to 25 percent run the risk of overheating, causing vehicle failure, and even adversely affecting the handling and treat life of the motor vehicle. Another component of the study revealed that roughly around 5 percent of all vehicles studied experienced some sort of tire issues almost immediately prior to a collision – with approximately 66 percent of those vehicles representing passenger cars, 17 percent Sports Utility Vehicles, and 31 percent of single vehicle accidents were not related to tires. Ultimately, this reinforces the fact that tire problems are evident during the period of time before a collision – which, our Chicago truck accident lawyers learned, often leaves a very small window for attempting a crash avoidance maneuver. In light of this study, the article recommends drivers to not only properly inflate tires but to closely monitor the condition of tire tread depth. This recommendation comes from statistics from the study which should that tire-related crashes were more likely as a vehicle’s tire treat wears. Our Chicago trucking accident attorneys learned that accident rates were recorded at roughly 2.4 percent when tires had near full tread depth to 26 percent when tires were worn out. Overall, it is highly encouraged that drivers purchase new tires at 4/32” tread depth while some all-weather grip is still available. Given the information provided in this study by the National Highway Traffic Safety Administration, each Chicago truck accident attorney at Levin & Perconti recommends that drivers of all types of motor vehicles maintain proper inflation on their vehicle’s tires. Whether your motor vehicle has a tire pressure monitor installed or you use a tire pressure gauge – checking a vehicles tire pressure is an important procedure that can help prevent the risk of motor vehicle accidents resulting in severe personal injury or even untimely death.

As a St. Louis tractor-trailer accident lawyer , I was dismayed but not surprised to see a report about an accident that the Missouri Highway Patrol has attributed to a driver falling asleep at the wheel. According to the Columbia Daily Tribune , an 18-wheeler turned over on Interstate 70 May 9, after the driver fell asleep and drifted off the road. The accident took place at around 2:45 p.m. near mile marker 119, closing eastbound lanes until around 4 p.m. and briefly closing one westbound lane as well. Fortunately, driver Dejaun Green of Maryland suffered only moderate injuries and no one else was hurt. The truck was totaled, according to reports, but no other vehicles were involved. The Missouri Highway Patrol report said Green, 32, fell asleep at the wheel. Another trucker who happened to be traveling behind Green at the time said he saw Green’s truck easing over to the right more and more as it traveled. Green woke up when his truck hit an embankment, but he overcorrected, causing him to lose control and overturn on the road itself. The truck flipped onto its side, tearing up parts of the embankment and spilling its load of frozen chickens. Passers-by kicked out the front window and cut Green’s seatbelt in an attempt to pull him from the truck, but were not successful until the Highway Patrol arrived at the scene. Emergency crews later cleared the cargo from the road and contained a dangerous fuel spill from the wrecked truck. Though no one else was involved in the crash, a woman stuck in the backed-up traffic suffered a stroke and was taken to the hospital. Falling asleep at the wheel is one of the most serious concerns about truck drivers for Missouri big rig accident attorneys like me. In fact, it’s a national concern, which is why the federal government has made rules especially intended to fight driver fatigue. Truckers are often pressured to make delivery schedules that are just not realistic, or that don’t allow for the kinds of delays that most drivers find inevitable, for things like traffic or bad weather. If they don’t make those schedules, they lose money and may even suffer penalties at work. As a result, some drivers are pressured to drive for long hours every day or skip breaks. This robs them of rest they truly need – rest that can prevent them from becoming so fatigued they can’t operate their huge machines safely. That’s why the federal government requires all truck drivers to conform to specific hours of service. Unfortunately, it’s not uncommon for truckers, or their trucking companies, to falsify their records to make it look at if they complied with their hours of service even when they did not. When truck drivers and their employers break the law, or pressure others to break it, they are legally liable for any injuries or damages that results from the illegal and negligent behavior. That includes all injuries and property damage from the accident itself, all future medical costs, wrongful death damages and other costs. In this case, that could include any injuries created by delays in treatment for the woman who suffered the stroke. If your family suffered this kind of injury because of someone else’s bad decisions – on or off the road – you should call our southern Illinois semi truck accident lawyers right away for a free consultation.

Earlier today, our Chicago truck accident attorney Steven Levin read a news report posted on NYTimes.com revealing the deadly dangers associated with oil workers and highway travel. In one particular case, after working 17 hours straight at a natural gas well, four crew members traveled in their company truck for an additional four hour driver back to their drilling service company’s shop. When the crew was roughly 10 minutes from home, the driver fell asleep at the wheel. This caused the truck to travel off the highway – subsequently slamming into a sign that sheared off part of the vehicle’s side. The accident resulted in one fatality. However, our Chicago truck accident lawyer learned that two months prior to the fatal accident, the accident victim nearly died in a surprisingly similar accident. The accident occurred when another crew member fell asleep behind the wheel after a grueling shift and slammed the company’s truck into a pole. It was revealed that in 2009, the victim’s company was penalized in three states for violations that included “requiring or permitting” oil field trucks to driver after working 14 hours. The article reports that within the past several years, roughly more than 300 oil and gas workers have died in highway crashes – the largest cause of fatalities in the industry. Safety and health experts attribute these deaths due in part to the fact that oil field workers are granted exemptions from highway safety rules that permit truckers to work longer hours than drivers in a number of other industries – such as the large commercial vehicle industry. Although the National Transportation Safety Board released a statement saying that they are strongly opposed to oil field exemptions because they increase the risks of crashes, not much has been done to change regulations. According to a statement released by the C.D.C., unless changes are made to increase worker safety, the highway fatality rate is likely to continue. All the while, some experts have called for an increased oversight to help decrease the epidemic. Our Chicago truck accident attorneys at Levin & Perconti urge lawmakers to update rules and regulations pertaining to oil field truckers in order to help decrease the increasing number of tragically premature fatalities. Worker safety, as well as, the safety of the traveling public should always remain a top priority in order to ensure that our nation’s roadways are a safe place to travel.

A trucking accident on the northbound lanes of I-495 in Massachusetts near the Mansfield exit, held up traffic in a big way on Thursday, May 3. The Mansfield Fire Department was called out to respond to a semi-truck that had crashed and was leaking diesel fuel near the Mansfield exit. The call came in around 10:36 am. Fire responders found that the truck, a 50-foot-long vehicle, had lodged itself in nearby trees, and the fuel case was cracked and leaking diesel into a nearby stream, according to Fire Chief Boldrighini. The driver of the semi was trapped in the cab when rescue workers arrived. Emergency crews had to use chain saws to cut the cab open and extricate the driver. He was taken to nearby medical facilities, but his injuries were apparently non life-threatening, according to Boldrighini. Approximately 200 gallons of fuel had been spilled by the time booms and pads were put in place to contain the flow into the stream. “Due to their efforts the leak was considered by DEP (Department of Environmental Protection) to essentially be held to a 200-300 foot area only,” said the fire chief. Response crews, including the Massachusetts Highway Department, had to work diligently to clear away brush and tress that were entangling the truck, allowing wrecker crews to pull the vehicle away. The extrication operation disrupted traffic for several hours, but wasn’t the worst of the problem. Cleanup of the diesel spill with DEP help and expertise was expected to last for several days from the time of the accident. Chemical spills are not easy to clean up and can pose a hazard to the lives of wildlife and people alike, as well as leaving lasting damage to the environment. Truck accidents do far more than hold up traffic or leave behind obvious physical damage — chemical spills are an all to real and all too easy occurrence in such an incident.

Earlier today, STLToday.com reported a devastating Illinois trucking accident that occurred in Springfield, Illinois. The article reveals that a school bus transporting 33 sixth-grade students was traveling along Interstate 55 at around 4:30 p.m. – just five miles of Litchfield – when a semi truck traveling in front of the school bus began to slow down. The school bus driver failed to notice the semi truck driver’s reduced speed and subsequently collided into the back of the semi truck. As a result of the collision, our Chicago truck accident attorneys learned that more than a dozen students aboard the bus, as well as, the school bus driver sustained injury. It is reported that a 12-year-old student was airlifted to a nearby Illinois hospital where she has been treated for a broken femur. She is currently listed in fair condition and is expected to undergo surgery. Additionally, seven children were treated at a hospital in Litchfield – with two later discharged, three still requiring hospitalization, and two airlifted to a St. Louis hospital. Several concerned parents also took their children to an area hospital where they were treated for minor injuries – such as bumps and bruises. Uninjured students returning from the field trip in Springfield, Illinois, were transported back to their school. Our Chicago truck accident lawyers read that due to the crash investigation, the southbound lanes of Interstate 55 from exit 60 to exit 52 in Litchfield remains closed as of press time. Any Chicago truck accident lawyer will tell you that motor vehicle accidents – including bus and semi truck accidents – continue to remain the leading cause of fatality among children. This notion is due to the fact that any injury sustained by a young child in a motor vehicle collision can lead to substantially devastating consequences than those injuries sustained by adults A recent analysis conducted by the National Highway Traffic Safety Administration reveals that children who suffer head injuries (such as traumatic brain injuries) as a result of a collision can experience lasting or late-appearing neuropsychological problems. If you or your child has sustained injury in a motor vehicle collision, please contact our Chicago trucking accident attorneys as soon as possible. Our knowledgeable attorneys continue to provide qualified legal representation to those who have been injured as a result of another’s negligence. Recently, our attorneys obtained a $6.5 million settlement on behalf of a Huntley family incurred debilitating injuries in a tragic semi truck accident. Through our investigation, it was revealed that the driver of the semi truck was operating under the influence of marijuana, in addition to, operating an overloaded semi truck at the time of the accident.

Earlier this week, a Chicago truck accident attorney at our office read a news report detailing a settlement that has been reached in a fire truck accident lawsuit. BaltimoreSun.com reports that the accident in question transpired in December 2007 when a fire truck, responding to a call, sped through a city intersection with its lights and siren on at 47 miles per hour. It was reported that the fire truck struck the victim’s passenger vehicle that was traveling at around 23 miles per hour through the intersection. However, according to regulations mandated by the city of Baltimore, emergency vehicles are required to stop at all red lights and stop signs – even when responding to emergencies – to ensure that intersections are clear of traffic. As a result of the tragic accident, a 49-year-old woman, her 35-year-old husband, as well as, their 24-year-old friend all succumbed to fatal injuries. According to local authorities, no criminal charges were filed against the firefighters. City and state laws in Maryland set high immunity for police and firefighters responding to emergency calls. Additionally, our Chicago truck accident lawyer learned that Maryland does not recognize gross negligence in these types of cases. The news article reveals that the fire truck accident was deemed the worst accident involving Baltimore firefighters and civilians in 50 years. Relatives of the victim of the 2007 fire truck collision will each split $40,000 as part of their settlement. Our Chicago trucking accident attorney learned that $40,000 is the cap set for motor tort claims involving police and firefighters responding to emergencies. In addition to the settlement reached as a result of this devastating collision, Baltimore’s Solicitor’s Office wishes to settle two other claims involving traffic accidents with city vehicles. The city has agreed to award a pedestrian $200,000 who suffered extensive injuries and increasing medical expenses as a result of being struck by a car driven by a city health department worker who had fallen asleep behind the wheel. In the other case, the city agreed to pay $100,000 to another individual involved in a traffic accident with a city vehicle. Often times, collisions involving emergency vehicles run the risk of causing substantial personal injury and even premature fatality. If you have been involved in a collision involving a city vehicle, it is important to obtain qualified legal representation from experienced accident attorneys who are well-versed in handling these types of complex cases. Recently, our Chicago truck accident attorneys obtained a $10 million settlement on behalf of an 8-year-old Chicago boy who lost his leg in a tragic fire truck accident on the South Side. The settlement aiding in covering the young boy’s past and future medical expenses, as well as, special prosthetic devices he will need for the rest of his life.

I’ve written here before, as a Missouri tractor-trailer accident lawyer , about the federal government’s use of Missouri as an example in its crusade for a nationwide ban on texting while driving. The crash took place in Franklin County in 2010, and was attributed to the actions of a 19-year-old driver who was texting while driving a pickup truck and failed to notice traffic slowing ahead. That triggered a chain-reaction crash in which he slammed into a big rig, then was hit from behind by two school buses taking high schoolers on a band trip. Ultimately, the accident killed the pickup driver and one student, and injured 38 others. The National Transportation Safety Board cited the tragedy when it called for states to ban all texting behind the wheel. But according to a May 5 article from the Associated Press , Missouri itself has repeatedly failed to pass bills that would extend its texting ban to drivers older than 21. Missouri’s current law, passed in 2009, applies to drivers 21 and younger. Five Missouri cities have bans for drivers of all ages, siding with 37 states across the U.S. A state representative, Don Wells, R-Cabool, proposed anti-texting legislation in the state House this year, but the measure was not successful. Opponents of that bill argued that drivers can already be charged with violating their obligation for “careful and prudent” driving, so no second law is needed. A spokesman for Missouri’s state troopers said these aren’t the same, noting that officers must be able to see the driver doing something unsafe in addition to texting, and that it’s hard to tell at a glance whether a driver is 21 or 22. For those reasons, the state Highway Patrol supports a full ban. The state Senate also debated but is not expected to pass a law banning all distracted driving, but opponents there argued that police officers might abuse it to issue unnecessary tickets. As a St. Louis semi truck accident attorney , I disagree strongly that tickets issued to distracted drivers are unnecessary. We rely on law enforcement officers to use their judgment every day, about issues like probable cause for a search or whether a driver shows enough signs of intoxication to require a breath test. Surely, if we trust them with these judgment calls, we can also trust them to determine whether a driver is truly distracted or just happens to have a phone lying in the vehicle’s center console. Texting while driving is dangerous for everyone, but it’s particularly concerning with drivers of large commercial trucks, because those trucks are so large and heavy. One study found that in the time it took to send a text message, a large truck could travel the length of a football field at highway speeds — without the driver’s eyes on the road! This behavior endangers every unsuspecting motorist who just happens to be around the texting trucker. At Carey, Danis & Lowe, we focus our practice on accidents with large trucks because we understand just how dangerous they can be. When vehicles are the same size, both drivers can often walk away from a relatively low-speed crash. When one is many times the size of the other, however, the same crash can cause death or devastating permanent injuries. Our southern Illinois 18-wheeler accident lawyers help clients who were injured in this kind of crash, and their families, recover fair financial compensation from truck drivers and trucking companies whose negligence caused the crash. In a trucking accident lawsuit , injured people and their families can recover all the past and future financial costs of the crash, including the steep cost of long-term care or acute care and a lifetime of lost wages. They can also recover compensation for their personal and emotional losses, such as permanent disability or loss of a loved one.

A collision between a mile-long train and a log-carrying tractor trailer forced a significant detour on South Carolina’s Highway 267. Around 3:30 pm on Monday, the locomotive hit the log truck and dragged it a significant way down the track, causing extraordinary damage. The train’s engine burst and spilled 2,500 gallons of fuel — the locomotive normally carries 4,500. As of Tuesday morning, the leak was reported as contained and no longer a danger according to emergency response crews and officials. However, Charleston rescue crews and local firefighters at the scene requested two homes nearest the damaged engine be evacuated as a precaution — the residents obliged. As of Monday, a crane was on route to help extract the truck and the train from the tracks to reopen the crossing. Concerns about the crash were high, because the train was reportedly carrying dangerous chemicals including cyanide and liquid phosgene. Officials urged people to remain calm, and insisted that the tanks carrying these chemicals were neither damaged nor leaking. The South Carolina Department of Health and Environmental Control arrived at the scene shortly after the accident to make sure that no such disaster had occurred. As mentioned above, a long detour had to be set up to accommodate traffic while the train and truck were being cleared from the site. This trucking accident serves both as an example of what has happened and what can happen in a serious accident. Shockingly, no one was killed or seriously injured in the collision. Usually tractor-trailer drivers do not survive an impact with a cargo train. However, nearly 3,000 gallons of fuel were spilled, forcing the evacuation of two nearby homes — this spill will require extensive cleanup efforts to make sure residents and wildlife in the area are not harmed in the future. Further, the truck’s collision with the train could very easily have damaged or cracked the tanks containing chemicals even more dangerous than the train’s fuel supply. The story might have read very differently if phosgene or cyanide had been the chemicals spilling toward those two houses.

TruckingInfo.com reports that the National Highway Traffic Safety Administration recently released their early estimate of traffic fatalities in 2011. Our Chicago truck accident attorneys learned that as of press time, the number of highway deaths in the United States is on track to be at its lowest on record. The National Highway Traffic Safety Administration’s 2011 statistical projection of traffic fatalities reveals that an estimated 32,310 individuals died in motor vehicle traffic crashes. However, this number is a significant decline of almost 1.7 percent compared to the 32,885 fatalities that transpired in 2010. Additionally, fatalities in 2011 declined slightly in the first and fourth quarters (ranging from 0.1 percent to 0.7 percent) all the while significantly declining in the second and third quarters (ranging from 2.5 percent to 3.2 percent) when compared to their respective quarters in 2010. Our Chicago truck accident lawyers learned that traffic fatalities have been progressively declining the past 5 years since reaching a “near-term peak” in 2005 when traffic fatalities decreased by about 26 percent from 2005 to 2011. If the National Highway Traffic Safety Administration’s projections hold true, it will be the lowest number of fatalities recorded since 1949. Additional statistics provided by the Federal Highway Administration reveal that vehicle miles traveled in 2011 substantially decreased by about 35.7 billion miles – or around a 1.2 percent decrease – which may be the reasoning behind the considerable decline in traffic fatalities. In order to continue trends in decreasing traffic fatalities, each Chicago truck accident lawyer at our firm encourages drivers of all types of motor vehicles to exercise extreme caution during motor vehicle operation in order to avoid potentially life-threatening motor vehicle collisions. Our accident attorneys encourage drivers to adhere to the following safety tips – provided by ShareTheRoadSafely.org : - Never Cut in Front of Another Vehicl e – Many vehicles, especially trucks and buses, take substantially longer to stop. Forcing a large commercial vehicle to stop too quickly may result in a motor vehicle collision resulting in personal injury or premature fatality. - Always Wear a Safety Belt – Seat Belts have continued provide the most significant amount of protection to motor vehicle drivers in the event of a collision. - Avoid Blind Spots – Always avoid a motor vehicle’s blind spots, especially large commercial trucks. Often times drivers are unable to see you if you can’t see their mirrors. - Avoid Driver Distractions – Dangerous situations are often created when a driver engages in distracting behavior, such as: cell phone use or texting, eating, or even messing with a car’s music system. Always focus on the road in order to save the life of you, your passengers, as well as, surrounding vehicles.