Truck Accident Lawyer

Punitive damages are an issue that occasionally arises in my work as a St. Louis semi truck accident lawyer . Punitive damages are monetary payments ordered when a defendant has acted with deliberate malice, reckless disregard for safety or intentional fraud; these are in addition to financial damages ordered for the plaintiff’s personal and financial losses. Not surprisingly, punitive damages are not awarded in every case; they are reserved to penalize the most serious wrongdoing, with the goal of deterring future misconduct. But because punitive damages cost more money to an at-fault defendant, and have become a political issue, defendants frequently move to bar the jury from even considering whether to award them. This was the case in Fairchild v. SCDOT , in which the South Carolina Supreme Court upheld an appeals court’s finding of reversible error when the trial court didn’t allow the jury to consider punitives. The accident underlying the case was allegedly triggered by a dump truck owned by the South Carolina Department of Transportation. On March 1, 2001, the truck was attempting to make a U-turn from the southbound lanes of I-95 to the northbound lanes. Unfortunately, the truck was hauling a trailer transporting a backhoe, and its increased length caused the vehicle to protrude from the turnaround into the left lane of southbound 95. Several drivers immediately behind the dump truck changed to the right lane, but Marilee Fairchild slowed down instead, flashing her brakes as she approached the protruding trailer. She avoided the trailer and truck, but was hit from behind by William Leslie Palmer, driving a commercial truck with a motorcycle trailer (totaling eight and a half tons), with enough force to roll her minivan over into the median. In 2003, Fairchild sued SCDOT, Palmer, and Palmer’s construction company over the resulting physical injuries and property damage, seeking punitive as well as ordinary damages. After SCDOT was dismissed as a defendant, the case went to trial against Palmer defendants and the jury eventually returned a verdict of $720,000. On cross-appeals, the South Carolina Court of Appeals found reversible error in the trial court’s refusal to submit punitive damages and a physician negligence issue to the jury, but upheld the denial of Palmer’s request for an independent medical exam. Palmer again appealed. On the punitive damages issue, the appeals court had found that there was indeed evidence of Palmer’s recklessness, despite the trial court’s conclusion otherwise, because the jury had been given evidence that he might have been speeding and following too closely. The violation of either traffic law is negligence per se in South Carolina, the high court noted, and negligence is evidence of recklessness or willfulness that requires submission of punitive damages to the jury. Thus, it agreed that the trial court erred in declining to submit the issue, and upheld the appeals court’s order for a new trial. On the physician negligence issue, Fairchild requested jury instructions on determining “the negligence of a treating physician,” which were denied. The Court of Appeals reversed this, finding Palmer had submitted evidence arguing her doctor was over-medicating her. The high court again upheld, finding reversible error. Finally, it upheld denial of Palmer’s motion for an IME performed by the same physician serving as his expert witness. As a Missouri tractor-trailer accident attorney , I’m pleased to see such a pro-plaintiff result. Judging from the facts in this case, there were serious questions about whether Palmer was negligent in driving his large commercial truck. For example, the opinion notes testimony from Palmer that he maintained a speed of 65 to 70 mph to limit his following distance so other drivers wouldn’t cut in. Not maintaining enough following distance is a basic mistake of truck driving, and indeed, truck drivers frequently complain that other drivers aren’t aware that they need extra following distance. Under that and similar circumstances, I applaud the court for remanding the case for a new trial including punitive damages. The jury may not award them — indeed, it may not find for Fairchild at all — but as a southern Illinois big rig accident lawyer , I believe everyone should get a fair trial.

TruckingInfo.com recently released a news report detailing a new rule that has been proposed by the Federal Motor Carrier Safety Administration that would require individuals who perform medical exams on large commercial vehicle drivers to be trained, tested, as well as, certified to a national standard – determined by the FMCSA. Our Chicago truck accident attorneys learned that the new rule would also create a national online registry of medical examiners who have met the Federal Motor Carrier Safety Administration’s certification requirement. According to a statement released by the Department of Transportation’s Secretary, it was revealed that this new rule will ultimately ensure that healthcare professionals conducting exams keep in mind “all of the demands required to operate large trucks and passenger buses safely.” Additionally, the Federal Motor Carrier Safety Administration’s Administrator released a statement that addressed that “truck and bus drivers deserve to have well-trained examiners.” Also, by holding medical examiners accountable to increased standards of medical practice, the bar is ultimately raised for safety and saves lives through increased commercial driver and vehicle safety. Our Chicago truck accident lawyers learned that the rule is schedule for the Federal Motor Carrier Safety Administration’s Federal Register. It has been reported that the process will unfold in stages. As part of the first stage, on May 21 the National Registry of medical examiners will become available on the Federal Motor Carrier Safety Administration’s website. Additionally, training and testing requirements those individuals conducting medical examinations will be revealed. The availability of the website will be provided to medical examiners, large commercial vehicle drivers, trucking employers, law enforcement officials, as well as, the public. However, in two years (by May 21, 2014) the Federal Motor Carrier Safety Administration reports that medical examiners used by large commercial vehicle drivers will have to be certified, as well as registered. Additionally, large commercial vehicle drivers will be required to use a certified medical examiner from the registry. A Chicago truck accident lawyer at our firm learned that the Federal Motor Carrier Safety Administration revealed that any medical examiner who does not meet the required standards will be promptly removed from the registry. Every Illinois truck accident attorney at Levin & Perconti is pleased to learn that the Federal Motor Carrier Safety Administration has taken on an initiative to help decrease the rate of large commercial vehicle accidents by requiring more advanced standards to truck drivers, as well as, medical examiners when conducting highly important exams that directly affect the safety of the traveling public.

A major truck accident in South Scotland has demonstrated once again that, no matter where in the world they operate, vehicles with trailers can pose an incredible risk to life and property. Occurring this past Saturday in the Scottish village of Torthorwald near Dumfries, the accident involved a tractor with trailer losing control and driving into a garage forecourt, according to the BBC. Seven cars were written off as completely totaled, and six others were damaged in the accident. That is correct; in less than a minute the truck had totaled or damaged eleven other cars after losing control. According to the accident report and witnesses, the tractor and trailer came up over the pavement, drove through a brick wall along the road, and then ran over a series of cars. The vehicle ultimately stopped atop the roof of several of the vehicles. The accident took place at Torr Garage, where business partner Robert Murray estimated that the accident had caused damages exceeding £30,000. “I was standing only yards from where the tractor crashed and I shouted to the other lads to help the tractor driver and I called the emergency services,” said Murray to reporters. Murray said that villagers had been petitioning authorities for a bypass, so that dangerous tractor trailer traffic would not be as persistent a problem in the village. This accident seems likely to underscore the discussion on that point. Graham Murray, Robert’s father and also a partner in the business, said, “It’s a miracle no-one was walking past or coming in to look at the cars. Normally there are a few people about but we had just opened.” According to spokespersons for the local authorities, the accident is still being investigated as to its cause - there is no word on whether drugs or alcohol were involved. Wrecking vehicles had to be called in, and the roads were closed for some time to accommodate the cleanup.

Recently, a Chicago truck accident lawyer at our office read a news report detailing a lawsuit that has been on behalf of a woman who was killed in a devastating tour bus accident last year. According to the news report, posted on 13WHAM.com , the accident transpired in July of 2011 when a tour bush traveling near upstate New York en route to Niagara Falls left the roadway and overturned along I-390. As a result of the devastating accident, two passengers were injured and 35 other passengers sustained serious injury. The lawsuit, filed by the husband and teenage daughter of the accident victim, names the tire-maker of the tour bus, the tour bus, as well as, the driver of the tour bus as defendants to the lawsuit. According to court papers, the family of the victim has filed a $40 million lawsuit against the defendants. Our Chicago truck accident attorney learned that the lawsuit asserts that the bus was speeding at the time of the accident and had a defective tire. Since 1992, our Chicago truck accident attorneys have provided qualified legal aid to clients who have sustained severe injury or even fatality in all types of motor vehicle accidents, including those involving large commercial buses, as well as, Illinois trucking accidents . Operators of these types of large commercial vehicles have an increased standard of care to safety operate their vehicles in order to prevent the devastating and life-altering accidents from occurring on our nation’s roadways. Recently, our Chicago trucking accident lawyers obtained a $6.5 million settlement on behalf of a Huntley, Illinois family who sustained a particularly devastating loss and substantial injuries as the direct result of a negligent large commercial vehicle driver. During the crash investigation, it was revealed that in addition to the semi truck driver’s excessive speed, the driver was also under the influence of marijuana and operating an overloaded trailer at the time of the fatal accident. When commercial vehicle operators act in a negligent way that causes an accident resulting in personal injury or premature fatality, they may be held legally liable for the damages sustained. If you or a loved one has been harmed as a result of a commercial vehicle accident, please contact our experienced accident attorneys at Levin & Perconti to see what legal rights, representation and relief may be available to you

YaleDailyNews.com recently released a news report detailing a lawsuit that has been filed after a deadly U-Haul accident took the life of one individual and caused substantial injury to two others. The accident in question transpired on November 19, 2011, when a U-Haul accelerated rapidly and swerved during a crowded tailgate during the Yale-Harvard football game. As a result, the U-Haul struck and killed a 30 year-old woman and severely injured a Harvard employee and a 30 year-old Yale student. Although the driver of the U-Haul passed a field sobriety test at the scene of the accident, he was taken to a local police department for questioning. Police investigation of the accident has been complete, however, the result are under review and have not yet been released to the public. Our Chicago truck accident attorneys learned that as a result of the accident, the 30 year-old Yale student has filed a lawsuit naming both the U-Haul Company of Connecticut, as well as, the U-Haul truck driver as defendants in the lawsuit. According to court papers, the woman asserts that she has sustained a number of severe painful and obvious injuries as a direct result of the crash. Injuries the 30 year-old sustained included severely injuring her leg which ultimately required multiple surgical interventions. She has filed suit for at least $15,000 – the minimum amount necessary to file a case before the court. In the plaintiff’s complaint, recently filed with the court, it is asserted that the U-Haul driver and the U-Haul Company of Connecticut acting negligently in causing the accident. Our Chicago truck accident lawyers learned that five potential causes of the crash are listed in court papers, which include: the excessive speed of the U-Haul driver, the fact that the driver never honked his horn, as well as, the working condition of the U-Haul. However, a lawyer for the defendant has stated that the accident occurred as a result of “apparent vehicle malfunction.” As a result of the accident, our Chicago trucking accident attorneys learned that Yale has updated its tailgating regulations as of January. The revised regulations include banning kegs and box trucks from tailgates. Additionally, a vehicle-free student tailgating area has been created along with requirements that tailgates end before a football game’s kickoff. If you have been a victim of a devastating accident such as the one previously mentioned, please contact a Chicago truck accident lawyer at Levin & Perconti to see what legal rights and relief may be available to you.

Earlier today, a Chicago truck accident lawyer at our firm read a news report detailing an Illinois trucking accident lawsuit that has been filed after a hazardous trucking accident transpired late last year. According to the news report, posted on MadisonRecord.com , the accident in question transpired on December 14, 2011, when the accident victim was traveling east on Highway 50 near its intersection with Route 4 in Lebanon when the defendant truck driver ran a stop sign and struck the victim’s passenger vehicle. The accident victim filed a lawsuit late last month in St. Clair County Circuit Court – naming both the truck driver, as well as, his trucking carrier as defendants in the lawsuit. Court papers reveal that as a result of the accident, the victim incurred medical expenses, great pain and mental anguish, in addition to, missing numerous working days as a result of the trucking collision. The plaintiff asserts that the defendant caused the accident in negligently failing to keep his vehicle under proper control, failing to keep a proper lookout, driving too fast, failing to reduce speed to avoid a collision, running a stop sign, in addition to, other negligent acts. Our Chicago truck accident attorneys learned that the plaintiff seeks a judgment of more than $100,000 – plus any additional court costs. The experienced Illinois truck accident attorneys at Levin & Perconti have effectively handled a variety of motor vehicle accidents, including Illinois trucking accidents. Due to the sheer size and weight of large commercial vehicles, any type of collision has the potential for devastating or life-altering consequences. Truck accident victims almost always sustain serious injuries including, but not limited to: broken bones, loss of limbs, in addition to, injuries to the brain and spinal cord. If you or a loved one has suffered severe personal injury or a tragic loss as the direct result of an semi truck accident in Illinois, you and your family may be entitled to compensation for damages sustained. These damages may include compensatory damages which seek to provide the accident victim compensation for a particular loss or injury that was sustained as the direct result of the unlawful conduct of another. Additional damages may include punitive damages which seek to punish the wrongdoer for their negligent conduct. Please contact our Chicago trucking accident lawyers as soon as possible for a free consultation to help determine what legal rights and relief may be available to you.

As a Missouri tractor-trailer accident attorney , I was interested to see an item announcing a lawsuit over a fatal trucking crash. According to the St. Louis Post-Dispatch , the wife and teenaged sons of Kyle Brown, of Lake St. Louis, are suing a truck driver for negligent driving and negligent securing of his load that allegedly led to Brown’s death. Brown, 40, was killed last December when logging equipment fell off the truck he was following on the Champ Clark Bridge in Louisiana, Mo. The load loss was triggered when the truck hit a guardrail on the westbound side of the two-lane bridge, knocking the equipment into the eastbound lane. The Brown family says trucker Kenneth Davis of Pleasant Hill, Ill., failed to adequately secure the equipment; was driving too fast; drifted from his lane; and failed to keep a proper lookout. The Champ Clark Bridge spans the Mississippi River, allowing Highway 54 drivers to travel between Illinois and Missouri. According to articles from the time of the incident, Davis was carrying a piece of equipment called a skid loader, which is considered a wide load, across the two-lane bridge. He reportedly tried to move over for an eastbound car and went too far to the side, hitting the guardrail with the skid loader. This snapped the chains holding the equipment onto the semi truck, dumping it into the oncoming traffic lane. Brown, who was heading to work at a plant nursery in Louisiana, Mo., struck the skid loader and died at the scene. Davis was ticketed for improper lane use because he left his lane; the Post-Dispatch story at the time reported that he could also be charged for using too wide a vehicle on the narrow bridge. News reports say the Brown family is suing only Davis, alleging he was responsible for securing his load properly. As a St. Louis semi truck accident lawyer , I wonder whether his employer — who was not named in the stories — could also share responsibility. Of course, drivers are responsible for their own decisions on the road, but those decisions are rarely made without input from their employers. For example, a driver who is pressured by the trucking company to make an impossible shipping deadline might take a too-narrow bridge because it’s faster, or choose to drive under other unsafe conditions like a bad snowstorm. Trucking companies can also make cost-cutting decisions that result in inadequate or missing safety equipment, which can trigger an accident or make accidents worse. That’s why it’s vital to do a full investigation into the circumstances of the crash, so that each party that bears some blame can be held responsible. At Carey, Danis & Lowe, we focus our practice on semi truck accidents because we understand just how devastating they can be. Accidents with large trucks aren’t like crashes with passenger cars and trucks; because the commercial trucks are so much heavier, they can do significant damage even in a relatively minor accident. As a result, a crash that victims might otherwise have walked away from can be catastrophic when the other vehicle is a big rig. To make matters worse, trucking companies are frequently aggressive in the way they treat accident victims, hoping to minimize their financial costs by misleading shocked or grieving people into signing away their legal rights. Our southern Illinois 18-wheeler accident attorneys are just as aggressive in defending our clients’ rights, when necessary, from this kind of overreaching. We help get clients full compensation for their losses, including money to cover all past and future medical bills, funeral costs, loss of a loved one and more.

A woman from Etna Green, Indiana, is in serious condition following a Monday evening semi-truck accident in Indiana’s Kosciusko County. According to witnesses and local authorities, the accident took place around 6:20pm on Monday. Witnesses informed police that a semi-truck was turning northbound at the intersection of US highway 30 and County Road 350 West. A car being driven by 24-year-old driver Jenna Wireman came up behind the vehicle and couldn’t stop in time after the truck began to turn, hitting the trailer of the semi-truck. Wireman testified to police that the truck had pulled suddenly into her path to make its turn, and she didn’t have time to stop before hitting the semi-truck. Local rescue workers airlifted Wireman to an area hospital. Wireman was still listed as being in serious condition as of Tuesday morning. 46-year-old Dan Hass of Plymouth, Indiana, was not injured in the accident. Police have not said whether drugs or alcohol were a factor in causing the accident. This accident in particular illustrates the dangers that come with sharing highway space with semi-trucks and other tractor-trailer rigs. In particular, visibility is the most prevalent concern - semi-truck drivers cannot see other vehicles around them very easily, because semi-trucks have enormous blind spots to the sides and rear of the vehicle. Thus, semi-truck drivers are supposed to be extra cautious before changing lanes, since it is all too easy for a smaller car to be caught behind or beside a semi as it is changing lanes. There is no way a smaller car can come out safely from an accident with a vehicle as large as a multi-ton semi, and it is the trucks that have the reduced visibility, so the burden is on these drivers to be extra cautious around other drivers on the roads.

TruckingInfo.com reports that the Federal Motor Carrier Safety Administration has recently shut down a New Jersey trucking carrier after declaring the carrier an “imminent hazard to public safety.” Our Chicago truck accident attorneys learned that the Federal Motor Carrier Safety Administration placed the transportation company out of service after numerous roadside inspections revealed multiple hours-of-service, driver, as well as, vehicle maintenance violations. The out of service order mandates that compliance be held by both the principals and drivers of the trucking carrier. A Chicago trucking accident attorney at our firm learned that numerous safety investigators uncovered evidence that the trucking carrier continued to maintain operation, despite having an active United States Department of Transportation number, as well as, a valid operating authority. Additionally, it was found that the trucking carrier operated large commercial vehicles that had severe mechanical defects and were not routinely inspected and/or repaired. The article also reports that the company’s semi truck drivers also obtained severe violations relating to hours-of-service and driver qualification. The news report confirms that in May 2011, the Federal Motor Carrier Safety New Jersey Division attempted to conduct an obligatory safety investigation of the trucking carrier. However, the safety agency was unsuccessful after several attempts to schedule an investigation with the carrier and the agency ultimately deactivated the trucking carrier’s Department of Transportation number. Despite the inactivation, in addition to, a lack of operating authority and insufficient safety management, the trucking carrier continued to operate. Our Chicago truck accident lawyers learned that the trucking carrier’s log violation rate is 50 percent, while its log out-of-service violation rate is 30 percent. The vehicle violations ultimately found by the Federal Motor Carrier Safety Administration included tires that were flat and with belt material showing, multiple inoperable lamps, overweight loads, trucks having to be hotwired to be started, along with numerous other noted violations. Ultimately, the New Jersey trucking carrier could be issued severe penalties of up to $16,000 per day for each day the carriers continues to authorize interstate and intrastate transportation. If the carrier’s violations are determined to be knowing and willful, additional criminal penalties may and will be imposed, including a fine of up to $25,000, as well as, a one-year prison term. Our Illinois truck accident attorneys at Levin & Perconti are outraged at the type of risky and hazardous behavior has been displayed by this New Jersey trucking carrier. When trucking carriers and their drivers violate rules and regulations established by federal and state laws, the safety of the traveling public is put in peril. If you have been injured or have lost at loved one in an Illinois trucking accident , please contact our experienced accident attorneys as soon as possible to see what legal rights and relief may be available to you.

Any Chicago accident lawyer will tell you that Federal Motor Carrier Safety Administration has heavily regulated the hours-of-service that large commercial vehicle drivers are permitted to operate in a given week. This regulation was implemented as a necessary measure to protect truck driver health and ensure that the safety of the traveling public is not compromised by driver fatigue and subsequent fatigued-related semi truck accidents. In order to adhere to this rule, our accident lawyers in Chicago know that truck drivers are required to records their traveling hours manually in paper logbooks. However, this ancient system of recording hours has been severely plagued by false information and manipulation at the hands of truck drivers and their trucking carriers. In order to make the process more legitimate and free of any illegality, the Federal Motor Carrier Safety Administration developed a new system that will be implemented in June 2012. This system would ultimately mandate stringent regulation on trucking carriers who exceed the allotted 10 percent of hours-of-service noncompliance. Additionally, trucking carriers who maintain a 40 percent higher crash rate than the general trucking population would be required to install Electronic On-Board Recorded in all commercial vehicles. As a direct result of the impending trucker rule, CourtHouseNews.com reports that three truck drivers, as well as, the Owner-Operator Independent Drivers Association petitioned the federal appeals court for review, asserting that the on-board monitors would prevent truck drivers from “using their own discretion to gauge driver fatigue.” As a result, the 7th Circuit Court struck down the impeding rule for failing to adequately address concerns that the on-board devices could be used to harass large commercial vehicle drivers. As a result of the ruling, a Chicago truck accident lawyer at our firm learned that the three truck driver plaintiffs petitioned the court for compensation for attorney fees, as well as, costs under the Equal Access to Justice Act – an Act that allows successful litigants to recover fees from successful litigation against the United States in certain circumstances. However, the 4th Circuit Court ultimately held that the truckers were not eligible for the EAJC compensation and the 8th Circuit also denied fees to the truckers. It was held that in cases where a company’s insurance policy reimbursed defense costs of its corporate officer in underlying litigation. Despite the determined illegality of the proposed trucking rule, our Chicago accident lawyers continue to stress the importance of regularly mandating the trucking industry. Given the sheer size and weight of large commercial vehicles, drivers and their trucking carriers must adhere to federal and state laws in order to prevent the devastating injuries and fatalities that may ensue from unsafe travel.