Missouri Injury Lawyers Blog

Paul Sherman, 20, of Fulton, Missouri, Levi Morris, 39, of Emporia, Kansas, and Trinette Wofford, 18, of Columbia, Missouri, were involved in a two vehicle crash June 16th, 2010 on southbound US 54 at South Outer Road in Callaway County.

According to the report of the Missouri State Highway Patrol Troop F, Sherman, driving a 2010 Ford, was attempting to make a right turn from US 54 to South Outer Road at 60 mph. His vehicle then lost control, hitting a 2002 Peterbilt Tractor Trailer driven by Morris, who was stopped at an intersection.

Sherman and Wofford were taken by ambulance to Boone Hospital in Columbia, Missouri for treatment of their injuries.

According to the Missouri 2008 Traffic Safety Compendium published by the Missouri State Highway Patrol Statistical Analysis Center, 4,104 people were injured in commercial motor vehicle related crashes in the state of Missouri.

Many auto accidents and serious truck accidents are contributed to by impairment of the at fault motorist. While drugs and alcohol play a role in a number of accidents in the United States, there is a large body of evidence suggesting that impairment due to sleep apnea is a culprit in many such accidents, particularly for over the road truck drivers who drive long hours.

Sleep Apnea is a medical disorder that interrupts a person's breathing during sleep. Normally, a person's respiratory system slows during sleep, but a healthy person does not stop breathing. Sleep Apnea causes sleeplessness, fatigue, and is associated with excessive snoring and being overweight. Trucking companies are aware of the sleep apnea problem and the physical characteristics of drivers who may be susceptible to this condition. If an auto accident is caused where the driver is said to have been asleep, an investigation into whether or not the driver had sleep apnea and whether or not the driver and his employer knew about it is necessary.

Because driver fatigue is a significant risk factor for accidents drivers and trucking companies have an obligation not only to monitor the number of hours worked, but to monitor safety, health and qualifications of their drivers. According to a 2002 study by the Federal Motor Carriers Safety Administration, almost thirty percent of commercial driver's license holders have some form of sleep apnea. Other studies have shown that fatigue is a significant factor in accidents.

The Federal Motor Carrier Safety Regulations were passed into law to protect the safety of the motoring public. These laws protect all of us on the roadways from dangerous and unsafe truck drivers and trucking companies. Safe trucking companies insure that they and all their employees follow the Federal Motor Carrier Safety Regulations. These regulations clearly require that trucking companies insure that their employees obey driver regulations. 49 CFR Section 390.11 requires "whenever...a duty is prescribed for a driver or a prohibition is imposed upon the driver, it shall be the duty of the motor carrier to require observance of such duty or prohibition. If the motor carrier is a driver, the driver shall likewise be bound." This regulation clearly prescribes the standard that trucking companies must meet. Unfortunately many trucking companies do not hire the best drivers, properly train or supervise them.

When it comes to trucking safety, the buck stops with the trucking company and its management. If its truck drivers do not follow safe practices, the trucking company is responsible under the law for the actions of their employees.

Continue reading "Trucking Companies Have a Responsibility To Make Sure Their Employees Follow the Law" »

Daniel Court, Jr., age 52, of Paris, Missouri, died on September 17, 2009, as a result of a farm related accident near his home. Mr. Court was survived by his wife and eight children. Our condolences and prayers go out to his family and friends. As this article is prepared, ripples of sadness permeate this farming community where the dangers of farming and memories of other farm accidents are not far from our thoughts.

This week, September 20-26 is National Farm Safety and Health Week. This annual proclamation celebrates the vital contributions of farmers and ranchers to our nation and reflects upon the importance of farm safety in communities across the U.S. With the harvest season upon us, farm families and motorists are reminded to be alert to the dangers associated with farm equipment and to exercise extreme caution during this busy time of year.

The Missouri Highway Patrol reminds motorists to stay alert for slow moving farm equipment and to pay close attention to farm equipment entering and leaving the highway from side roads and driveways. Farmers are reminded to make sure any farm equipment is in good working order and if operated on Missouri roadways, is properly marked with lights and a "slow-moving vehicle" emblem. The National Safety Council's Agricultural Division, the National Education Center for Agricultural Safety (NECAS) provides additional tractor safety tips, including equipping the tractors with Rollover Protective Structures (ROPS) where possible and the use of seat belts.

Continue reading "Farm Accident Claims Life of Monroe County Resident" »