Missouri Injury Lawyers Blog

Christopher Guinther, 40, of Thompson, MO and Theresa Loschky, 42, of Centertown, MO were involved in a crash at 2:40PM on July 26 on US 50at Route U. According the MSHP Troop F the accident occurred as Guinther who was driving a 2000 Chevrolet Truck swerved onto Route U to miss a Fed Ex truck that was merging into the eastbound lane on US 50, causing him to strike a 2001 Chevrolet driven by Loschky. Both drivers received moderate injuries and were transported by EMS to Capital Region Hospital in Jefferson City.

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" »

According to an article published in the Columbia Daily Tribune, the Missouri Department of Transportation (MODOT) has announced its decision to reduce the current 70 m.p.h. speed limit on Highway 63 inside the Columbia city limits to 65 m.p.h. The speed limit reduction will begin on Columbia's south edge at Route AC/Grindstone Parkway and continue north past the Route B interchange. The site of many serious accidents, MODOT hopes the reduction in speed will make that stretch of highway safer for all travelers.

The Federal Motor Carrier Safety Regulations require that all commercial truck drivers use "extreme caution" in hazardous weather conditions. Missouri's Commercial Drivers Manual provides that truckers should slow down by as much as one-third of their normal and customary speed during hazardous conditions. Federal Law and trucking industry practice includes rain, fog, snow, ice and wind as hazardous conditions.

Rain is the most common weather problem that commercial motor vehicle drivers encounter. Heavy rain can limit the visibility just as much as fog or snow storm. Tractor trailers may hydroplane and lose contact with the pavement. Traction is also reduced when rain mixes with dirt, oil and grease on the roadway. By reducing speed tractor trailer drivers can increase the traction control of their vehicle.

Traction is important because automobile average several thousand pounds in weight whereas tractor trailers can average 80,000 pounds when fully loaded. If there is a crash because the tractor trailer loses traction it is the people in the vehicle that are most likely to be seriously injured or killed.

Unfortunately, truckers in Missouri and elsewhere do not always exercise the extreme caution that the Federal Motor Carrier Safety Regulations require. Drivers who continue to travel at the posted speed limit during hazardous conditions are acting recklessly and are violating their mandatory safety duties and obligations. If a collision results from the drivers failure to follow the safety regulations during extreme weather conditions, liability can be imposed on the driver and his employer to compensate injured persons and their families because of such reckless and careless conduct.

If you are a loved one are injured by a tractor trailer during bad weather conditions or because of the tractor trailer company's negligence and carelessness, we urge you to contact a Missouri trucking lawyer to discuss your rights. The law firm of Tatlow, Gump, Faiella & Wheelan, LLC has a long tradition of representing victims of negligence against trucking companies. For a free consultation concerning such matters please call 1-800-264-3455 or use the form on our contact us page.

The law firm of Tatlow, Gump, Faiella and Wheelan, LLC, of Moberly, Missouri congratulates Chris Faiella for again being recognized by Missouri Lawyers Weekly in their list of Top Verdicts & Settlements of 2009.

The $2.5 million settlement was reached for the family of a Moberly woman who was killed in a head-on collision on Missouri Route 22 near Centralia, Missouri, on June 9, 2008. The decedent had been driving to Centralia with her sister and adult daughter when the other driver, an employee of Ozark Kenworth, allegedly reached for his cell phone and swerved across the centerline and struck their vehicle. The two sisters were declared dead at the scene, and the daughter sustained serious personal injuries. The adult daughter, who is mentally disabled, received full care from her mother before the accident. The case, Williams, et al v. Ozark Kenworth, Inc., and Jeffrey Schuermann, Case No. 08-0417-CV-W-DGK was filed in the U.S. District Court for the Western District of Missouri.

Chris Faiella focuses his practice on serious personal injury and its tragic consequences including wrongful death, insurance coverage disputes, bad faith and product liability.

In a case handed down last week, the Missouri Supreme Court sent a clear message to the insurance company defendant--that the insurance company is responsible for using clear, unambiguous language in their insurance policies. If the insurance company fails to use language that an ordinary person of average abilities would understand, then any ambiguity is construed in favor of the person who is insured under the policy. The case is Burns v. Smith and Farmers Alliance Mutual Insurance Company of Kansas, (Mo banc SC90041, Jan. 26, 2010)

Eric Burns recovered a judgment in excess of $2 million against Lynn Smith for damages he received when a weld that Mr. Smith had placed on a cement mixer failed, causing the truck to explode and seriously injure its driver, Mr. Burns. Mr. Smith was insured under a policy of insurance issued by Farmers Alliance Mutual Insurance Company. Farmers denied coverage, claiming that language contained within a policy exclusion for "business pursuits" precluded insurance coverage under the policy. Although the insurance company argued strongly that the word "and" sometimes means "or" and should be read that way in their policy, the Supreme Court wasn't persuaded. In a 7-0 ruling, the court stated that at best, accepting Farmers' argument would mean only that the use of the word "and" is sometimes ambiguous and was in this case.

It is well settled Missouri law that any such ambiguity must be construed against the insurance company.

Continue reading "Missouri Supreme Court Continues to Hold Insurance Company Responsible for Clear Policy Language" »

Yesterday the U.S. Government announced a formal ban on texting while driving for commercial drivers operating trucks and buses. Many companies already had policies in place prohibiting texting while operating company vehicles, but this nationwide ban is a huge step toward safer roadways for everyone. Commercial drivers caught texting can be fined up to $2,750 per occurrence.

The need for such a ban has become increasingly obvious as texting has grown in popularity over the last several years. A study published last July by Virginia Tech's Transportation Institute found that truckers texting are 23 times more likely to be involved in a crash or close call. Many states have already banned texting for all drivers, and even more anti-texting bills are currently being considered.

For more information, you can visit the new website set up by the U.S. Government Department of Transportation on Distracted Driving.

The Missouri State Highway Patrol reported a two car crash that occurred on Sunday, January 16 at 3:10 p.m. about two miles east of Macon on Highway 36. A 2006 International tractor, driven by Adam Niesen, 28 of Fowler, Illinois attempted to pass a 1994 Buick, driven by Joseph P. Joseph, 52 of Bethel, Missouri. Joseph was in the process of making a left-hand turn onto southbound Business 36 and was struck in the side by Niesen.

Joseph and his passengers Loren Joseph,14 and Binu Joseph, 46 were all moderately injured. They were transported by ambulance to Samaritan Memorial Hospital for treatment of their injuries.

The Missouri Department of Transportation has a very useful tool that everyone should have bookmarked on their computer. The MODOT Traveler Information Map displays a multitude of information concerning Missouri's roadway conditions including weather hazards, construction delays, temporary closings and more.
Check the map before heading out for a drive and you can avoid common safety hazards.

Have a safe and happy holiday season from Tatlow, Gump, Faiella & Wheelan, LLC.

The holidays are upon us and it is likely that you or your family members will be traveling on Missouri highways. While holiday celebrations with family and friends are often anticipated with much excitement and joy, many families unfortunately experience tragedy during this time of year when loved ones are killed or injured in traffic accidents during the holiday season.

This season often ushers in inclement weather along with increased traffic. Drivers need to be especially mindful of actions that will make their holiday travel safer.

• Make sure your vehicle is in proper working order before your trip. This includes checking fluid levels, making sure windshield wipers are working well and tires are properly inflated. Make sure you have plenty of gas.


• Always use seat belts and make sure young children are properly restrained in car safety seats. Remember, the back seat is usually the safest place for children of any age to ride.


• Be flexible in your travel plans and be aware of changing weather conditions and peak traffic hours. Don't hesitate to change your travel plans if conditions warrant it--The safety of your family is of utmost importance!


• Stay alert and take plenty of breaks. Many accidents are caused by fatigue and inattention.


• Keep your speed down and make sure there is plenty of space between you and other vehicles around you to allow adequate reaction time. Try to let impatient and aggressive drivers around you.


• If your holiday event will involve alcohol, choose a designated driver who will remain alcohol free. If you are the host, please make sure your guests have safe and alcohol free travel arrangements.


• Make sure to carry an emergency kit in your car. Some recommended items include a flashlight, blankets, and a small shovel.


• If you must use your cell phone, pull off the road and be aware of traffic around you.

Continue reading "Drive Safely This Holiday Season!" »

A New Boston, Missouri man died from injuries he sustained in a Linn County accident on November 8, 2009 near Browning, Missouri. At 2:10 p.m., Eddie Whitlock, 59 of Saint Paul, Missouri was driving a 1981 International Grain Truck. He backed out into the roadway on Route O, 8 miles east of Browning, when Shane Lumsden, 36 of New Boston, struck him in the rear with his 1974 Chevrolet Grain Truck.

Lumsden was pronounced dead at the scene by Linn County Coroner, Kenny Creason. He was taken to Wright Baker Hill Funeral Home in Brookfield.

The Missouri State Highway Patrol investigated the accident. They were assisted by Browning First Responders, Sullivan County Ambulance, and Milan Fire Department.

On October 13, 2009 at approximately 1:35 p.m. an accident involving a 1996 International tractor-trailer and a 1994 Ford F150 truck occurred in Wayne County, Missouri. The Missouri State Highway Patrol reported that Russell Wilson, 69 of Piedmont, Missouri was driving westbound on Missouri Route 34 near Highway 67 when he braked to avoid a vehicle parked on the shoulder. The trailer came around into the eastbound lane and struck the Ford driven by Johnny Weston, 39 of Clubb, Missouri.

Johnny and Karen Weston sustained serious injuries while Angela Weston, 20 and Johnny Weston, 19 sustained minor injuries. All four Westons were transferred via ambulance to the Poplar Bluff Regional Medical Center for treatment of their injuries.

As we look back at the terrible events of September 11, 2001, we are painfully aware of how quickly our circumstances can change. Even in Mid-Missouri, our peaceful, secure lives can be turned upside down through events and actions over which we have little or no control. Unfortunately, it doesn't take an act of terrorism for this to occur.

Accidents occur without warning. A driver is inattentive and causes serious injury or death. Safety measures are ignored at work, and the breadwinner of the family is no longer able to work.

Are you and your family protected financially if disaster occurs? It is imperative that you carry the right types of insurance and adequate amounts of coverage to protect your loved ones in the event you are seriously injured or killed. Remember, the person who causes your injury may not have adequate insurance to pay for your damages. It is equally important to carry sufficient liability coverage to protect your assets in the event you cause injury to another person.

Many people are confused about the types of insurance coverage needed or how much insurance they might need. In future posts, I will attempt to shed some light on the various insurance coverages available.

Continue reading "Adequate Insurance for Financial Catastrophe" »