Recent Blog Posts

Kinds of Injuries Caused by a Truck Accident - An Injury Lawyer Speaks Out

Truck Accident Injury Claim — Thu, 05 Apr 2012 02:23:00 GMT

80,000 pounds of metal rolling down the highway is a real force to be reckoned with, especially if you are driving a passenger vehicle. The force of impact caused by a tractor-trailer is immense and resulting injuries can be permanent or fatal. Sideswipe truck accidents, rear-end truck accidents, head-on truck accidents, and various other types of collisions can send a victim to the hospital with bone fractures, soft-tissue injuries, brain trauma, or worse. These large trucking companies and their liability insurance carries circle the wagons quickly after a major truck accident. You can expect a heated fight on your hands, even when the trucking company is so clearly negligent that you can't understand why they even bother agressively defending the claim.

Soft-tissue injuries are some of the most common injuries caused in a truck accident. A "soft-tissue" type of injury involves the tendons, muscles, connective tissues, and/or ligaments in the human body. They can include the discs in the spine, which are commonly injured due to extreme whiplash or lumbar strain. Insurance claims adjusters will fight a soft tissue injury all the way to the courthouse steps. For this reason, our Missouri truck accident lawyers hire medical experts to provide testimony which will support medical science that soft-tissue injuries can be severe, debilitating, and permanent.

Traumatic brain injury (TBI) is another injury that can be caused by a semi-truck collision. Brain injury is complex and can lead to a myriad of complications for a victim. There are various levels of brain injury, some of which can resolve themselves over time, others which will never get better. When axioms and other brain tissue is damaged in an accident, the resulting inflamation and swelling can post immediate danger to the victim. In some cases, trauma surgeons and neurosurgeons must remove a portion of the skull to allow for the swelling to expand and contract without causing further brain damage.

Bone fractures can be caused in tractor-trailer accidents as well. Broken bones can also vary in severity. Some fractures require surgery to repair, including insertion of surgical hardware (typically titanium rods, pins, and screws). Minor fractures, commonly referred to as "hairline fracture" can be treated with a hard cast. Fractures are painful. Even when they are healed, there is a high risk factor for early onset arthritis in the fracture site.

Joint injury is common in collisions involving large trucks because of the torque involved in an impact of this magnitude. Knee or shoulder injury can result in months of physical therapy. It can also require surgery down the line. Luckily with advances in modern surgical techniques, surgical intervention to the knee or shoulder can be minimally invasive. For more information on injuries caused by a trucking accident, contact our experienced legal team at (866) 840-3636.

What to look for when hiring a lawyer after a commercial motor vehicle accident.

St. Louis truck accident lawyer — Tue, 14 Feb 2012 03:02:00 GMT

When you are injured in an accident with a commercial motor vehicle, you face an uphill battle of medical recovery and unanticipated medical expenses. The road ahead will be difficult. You need an aggressive and experienced Missouri injury lawyer who knows how to successfully win complex commercial motor vehicle cases. Because the laws that apply to tractor-trailer accident cases are evolving each month, your lawyer needs to be highly educated in federal trucking safety regulations. These regulations themselves are complex enough that your attorney should attend regular and ongoing education in these changes, which are occuring on a federal level.

When you are searching for the right lawyer to handle your case, there are a few rules of thumb to apply to ensure you hire the best trucking accident attorney for your case. Remember, you only get one shot at a fair settlement. Make it count with the right lawyer.

Make sure that the lawyer specializes in personal injury, and more importantly, accidents involving semi-trucks.
What is your track record of settlments and verdicts in trucking cases?
How often can I expect to receive updates on my case?
Are you planning on tranfering my case to another lawyer or will you be the one I can count on throughout my case?
What can I expect to get in the way of compensation?
How long will the personal injury claim process take?
Do you have any awards for recognition in your field of expertise?

These questions are important, and if asked, will send a message to the lawyer that you are an informed client looking to obtain the best legal representation possible. If the answers to these questions meet your approval, don't stop there. Interview several lawyers and reflect on which one you interacted best with. Research your lawyers for reviews from previous clients. Satisfied clients are a good indication of a good future relationship with your lawyer.

When it comes time to getting your questions answered by a true professional, contact a Missouri truck crash accident attorney at (866) 840-3636. Getting your legal rights protected from the very start is crucial in any commercial motor vehicle accident claim.

Moberly Truck Accident Causes Extensive Injuries to Local Man

Missouri semi-truck crash — Mon, 19 Dec 2011 15:01:00 GMT

Randolph County saw its second serious collision involving a semi-truck in the past two weeks as authorities responded to one early Sunday morning. The crash occured in the town of Moberly Missouri, which is about 20 miles north of Columbia on Highway 61. Randolph County ambulance and Moberly Fire responded to the truck crash within minutes, as 911 calls came from witnesses. Reports indicate that Robert Cooney was making a turn onto a private road in his Mack tractor-trailer. 78 year-old Donald Ragsdale of Paris, Missouri, was traveling westbound when his vehicle collided with the Mack truck. Ragsdale was not responsive to EMT personnel at the scene and had to be rushed to Moberly Regional Hospital and then onto Columbia where trauma staff are more capable of handling catastrophic injuries such as these.

As a tractor-trailer accident lawyer representing injured plaintiffs throughout Missouri, I can tell you that one of the first things that are done at an accident scene like this is evidence collection and retrieval by the trucking company and its liability insurance carrier. Commonly referred to as the "immediate response team", the liability insurance company typically has experts on scene within an hour. The goal of the IRT is to gather evidence and protect the trucking company and its insurance company from a future lawsuit by people injured or killed due to the negligence of their truck driver. I have seen evidence be purposely manipulated or destroyed by the IRT. It is truly an injustice when evidence is tampered with. It can 'devalue' the claim of the injured or killed party.

One of the first thing that an experienced truck accident injury attorney must do in a case like this is file for a "temporary restraining order" (TRO), so that the tractor-trailer, its contents and other evidence is not tampered with by the defense attorneys and insurance companies. If they disobey a temporary restraining order, the judge can impose stiff sanctions and/or "strike the affirmative defenses" of the trucking company in the event that a personal injury lawsuit is filed.

So what should you do if you are involved in a crash with a 26,000-80,000 pound tractor-trailer? The first thing is to call police. The second thing is to seek immediate medical care. The third thing is to contact a Missouri semi-truck accident lawyer who can file a TRO on your behalf and protect your evidence from "spoliation" by the IRT and any liability insurance companies involved. Spoliation of evidence can have a devastating effect on your case and truth be told, insurance companies will destroy evidence in a 18-wheeler case if they think they can get away with it.

Truck Driver Seriously Injured in Semi-Truck Crash in St. Francois County Missouri

Missouri Truck Accident Injury Attorney — Wed, 07 Dec 2011 04:03:00 GMT

The semi-truck crash occured on Highway 67 in St. Francois County Missouri early this afternoon and involved two tractor-trailers. The weather was cold and the area had dusting of snow the night before the crash. Investigators will have to determine if weather played a factor in causing one of the tractor-trailers to jacknife. Troopers confirm that it was precipitating on southbound 67 where the crash took place, in close proximity to the Big River Bridge. 61 year-old Gerald Brewen apparently locked up the brakes of his 1986 Peterbilt tractor-trailer and started to slide. 49 year-old Kenneth Coleman, of Mineral Point, was following behind Brewen when he started to slide. Witness accounts reveal that Coleman was doing everything possible to avoid contact with Brewen's semi-truck, wihch was jacknifing right in front of him.

The red cab of Coleman's Western Star tractor was seperated and fell off the Big River Bridge. Coleman sustained serious inury and was rushed to Jefferson Regional Hospital for emergency care. We are continuing to follow this investigation to see if citations are issued and what the final conclusions of causing factors will be by the Missouri Highway Patrol.

Our Missouri semi-truck accident lawyers have represented victims in passenger vehicles and truck drivers alike. Not every tractor-trailer accident involves a smaller vehicle. in fact, trucks are involved in accidents with other large trucks more often than the public may think. From sideswipe collisions during passing, to merging accidents, and jacknifing, truck drivers are also at risk for injury.

Federal Motor Carrier Safety Regulations require truck drivers to take certain precautions when driving in inclement weather conditions. Snow, sleet, rain, ice, and other factors require drivers and trucking companies to have procedures in place that mandate drivers to pull off the road or use extreme caution by adjusting speed, following distances, and other actions. When drivers are on a "time is money" schedule, safety procedures are often disregarded at the expense of risk to serious injury or death to other motorists.

The truck crash lawyers at Schultz & Myers are highly trained in complex semi-truck accident litigation. Our attorneys use a network of accident engineers and regulatory experts in handling all injury cases involving a commercial motor vehicle. This is critical for our injured clients and their families, as they only get one shot at obtaining justice, which in the civil court system equates to compensation for their injuries, both past and future. Our lawyers can be reached 24 hours a day on our emergency injury hotline.

Six Injured by Semi-Truck in Carroll County Missouri Crash

Missouri Semi-Truck Injury Lawyer — Tue, 01 Nov 2011 22:17:00 GMT

Missouri State Highway Patrol have has notified a Missouri tractor-trailer crash that occurred Monday afternoon involving a semi truck and a passenger vehicle in Carroll County, Missouri. Emergency responders arrived at the scene of US Highway 65 & Route M in Carroll County to find both vehicles in the ditch alongside US 65. Jason Hartwig was operating his vehicle on northbound US 65 when tractor-trailer driver James Tucker – traveling behind Hartwig, also going north – allegedly went to pass Hartwig but rather struck Hartwig's vehicle in the driver's side. This side impact forced Hartwig's vehicle off of the right side of the roadway. Tucker's semi truck was pushed off of the left side of the roadway. Both vehicles sustained extensive damage and were towed from the scene.

Jason Hartwig had 5 passengers in his vehicle, all but one of them were minor children. Passengers included Dottie Boatman (29), Gavin Boatman (5), Kinley Brown (0), Colby Hartwig (1), and Ruger Perkins (4). Jason Hartwig and his passengers were all rushed by ambulance to Carroll County Memorial Hospital to be treated for their injuries. The medical status of each individual is currently unknown and Highway Patrol is continuing an investigation in to this collision. We will maintain our work with investigators to gather all evidence from this scene. Truck driver James Tucker was reportedly uninjured and any details regarding the cause of this collision will be uncovered momentarily.

A case like this involving a large commercial vehicle (semi truck) and minor children poses a potentially tricky situation when a legal professional is not involved. Large motor vehicle carriers carry huge insurance policies for their drivers and vehicles due to the simple fact that even a minor impact by a multi-ton 18-wheeler can cause substantial injuries, often times resulting in fatality. These insurance carriers are often not forthcoming about coverage available to you after being injured by one of their drivers. With legal involvement in your case, any and all coverage as well as company assets are exposed to you as available coverage for your injuries. When minor children are involved, the court system must be involved regardless of a settlement, a lawsuit, a settlement amount, or any other factor. Taking advantage of a Missouri truck accident attorney will ensure that all steps are followed correctly with the Missouri court systems, and to your advantage.

A skilled team of Missouri semi-truck accident lawyers are available 24/7 as legal resources for your potential injury claim. Allowing an attorney to hear the details of your claim provides you with information that may help you make or break your claim. Dealing with the federal and state laws that apply to motor carrier liability claims can be quite difficult without the proper legal advice from the start of any claim involving a commercial motor vehicle.

Fatigued Truck Driving is Extremely Dangerous and Results in Fatalities in Missouri and Illinois

Missouri semi-truck accident lawyer — Tue, 20 Sep 2011 01:10:00 GMT

Our Missouri truck accident lawyers were in attendence last week for another APITLA (Association of Plaintiff's Interstate Trucking Lawyers of America) conference in St. Louis Missouri. All of the injury attorneys working for Schultz Legal Group are proud members of APITLA. The organization is dedicated to protecting the rights of innocent victims of serious and fatal semi-truck accidents in Missouri, Illinois, and Arkansas. APITLA is limited solely to plaintiff lawyers, as it should be. In our opinion, anyone who can consciously defend a rogue or reckless trucking company when they kill or cripple someone on our roads is beyond understanding. This particular seminar was three full days focused on fatigued truck driving, and the dangerous results of what happens when a tired truck driver continues to rack up miles on the road.

When it comes to fatigued trucking driving, it is not a matter of "if" but a instead a matter of "when" a driver causes a fatal 18-wheeler crash. Driving over the hours of service is just one way a truck driver can become fatigued. There are MANY other ways this can occur. Many truck drivers are overwieght and have high blood pressure or diabetes. This is just the nature of the industry unfortunately. A lack of physical activity behind the wheel of a tractor-trailer leads to poor health habits. Obesity can also be a precursor for sleeping problems such as sleep apnea. Sleep apnea is a disorder that keeps a person from obtaining the high-quality REM sleep necessary to fire on all cylinders the following day. Many truck drivers fail to realize a problem with sleep apnea, which can be controlled with a CPAP machine or other breathing device.

Truckers sometimes use over-the-counter "sport supplements" such as 5-Hour Energy, 6-Hour Power, Yellow Jackets, and even the prescription narcotic Aderrall. All of these medications can result in a brief period of alertness followed by a "crash" and extreme fatigue. Fatigue and trucking do not mix well, and we all have read about the fatal semi-truck crash that seems to take place about once a month in Missouri and Illinois. A tired trucker can cause head-on truck crashes, or side-swipe accidents that can force another motorist off the roadway and into a median or worse, oncoming traffic.

If you are injured in an accident with a tractor-trailer, don't wait another day to contact a Missouri truck accident injury attorney at Schultz Legal Group. The sooner we are able to get involved and file motions to protect evidence, the greater your chances are at obtaining justice in your case and fair compensation for ALL of your damages. Our lawyers can be reached live at (866) 840-3636 for an immediate case consultation.

How to Negotiate with an Insurance Claims Representative

Missouri Injury Lawyer — Fri, 09 Sep 2011 16:02:00 GMT

Negotiations with an insurance claims adjuster are often fruitless ventures for even the most intelligent injury victim. Claims representatives are highly trained on the art of minimizing injury settlements and increasing corporate profits. Payouts on injury settlments are based on two things, liability and causation. Liability isn't just who was responsible for causing the injury, but moreover, who is "legally accountable" to the injured party. Just because you were injured due to someone else's negligence, does not automatically entitle you to compensation from that person. Liability can be proven through the use of recorded statements and forensic evidence gathered by a Missouri injury lawyer. In the case of a Missouri semi-truck accident, that evidence can be voluminous.

The second component of any injury claim is medical causation. Did the accident in fact directly give rise to all of the injuries that you are claiming. Insurance adjusters love to aruge that injuries are "preexisting" or that medical treatment was "excessive or irrelevant" to the injury. It is easy to fall into this trap, especially if you sign a record release authorization that allows the insurance company to gather all of your medical records dating back to birth. It is a complete invasion of your privacy and your bargaining power is destroyed, especially if there is a health history that includes prior treatment to the body parts injured in the most recent crash.

As a Missouri injury attorney with extensive experience in settlement negotiations, I can tell you that claims adjusters rarely, if ever, play fair until we get involved in a case. Unfortunately they prey on the fact that all injury victims are under a certain degree of duress at the time of settlement. You need the money because medical bills are mounting and bill collectors are harrassing you. The adjuster knows this. One thing that a personal injury attorney can do is stop bill collectors and protect your credit during the claims process. More imprtantly, claims adjusters cannot misinterpret the law and use bogus tactics in minimizing your settlement.

To learn more about how to effectively negotiate a payout for your injury claim, contact the personal injury lawyers at Schultz Legal Group by calling (866) 840-3636. The call and consultation are always free of charge.

How to I file an injury claim after an accident with a semi-truck?

Schultz Legal Group — Thu, 25 Aug 2011 02:23:00 GMT

There are various types of accidents involving a tractor-trailer. The most common is the sideswiped accident, in which a semi encroaches into your lane and either makes contact with your vehicle or forces you off the road into the median or oncoming traffic. The situation is very dangerous and many Missouri motorists are injured, or even killed after being involved in a sideswipe accident. As an experienced Missouri semi-truck accident lawyer, I see these types of wrecks all the time unfortunately.

When you are involved in a collision with a commercial motor vehicle, there are many things that take place that don't normally take place in a traditional car accident. First, the insurance company for the trucking company dispatches an Immediate Response Team (IRT). The primary goal of the immediate response team is to gather evidence at the scene and begin to shape defenses to your personal injury claim. The IRT will take witness statements and download data from the electronic control modules of the vehicles involved in the crash. They work for the insurance company that will eventually defend any personal injury lawsuit that an injury victim files against the trucking company and its driver. Simply put, the immediate response team is deployed to destroy your case.

So what should you do if you are involved in a collision with a tractor-trailer? The first thing to do is get immediate medical attention. The second thing on your agenda must be to contact an experienced truck accident injury attorney to be your very own "immediate response team." If the insurance company has attorneys working for them, shouldn't you?

Semi-truck personal injury claims are serious business for the insurance company and the trucking company. These cases are often very contentious and a good lawyer will likely dig up information against the trucking company that will expose horrible deficiencies in safety and training that could have actually prevented the crash and injuries all together. You only have one opportunity to obtain fair compensation for a truck accident injury claim. Make it count by contacting one of the most respected Missouri personal injury law firms for free at (866) 840-3636.

Missouri Dump Truck Accident Lawyer Discusses the Laws that Apply to an Injury Case

Schultz Legal Group — Mon, 25 Jul 2011 01:09:00 GMT

As a Missouri dump truck accident lawyer I have handled many, many cases involving commercial motor vehicles. All cases involving a commercial motor vehicle with a gross vehicle weight rating (gvwr) of over 26,000 pounds is subject to the safety legislation found within the Federal Motor Carrier Safety Regulations. Even though most dump truck companies do not engage in interstate commerce, they are still subject to the same safety rules that govern interstate motor carriers such as commercial trucking companies, charter bus companies, and so forth. Why? Because Missouri statute has explicitly adopted these federal safety regulations for both intrastate and interstate motor carriers operating within our state.

Dump trucks, even when empty, pose a serious threat to passenger vehicles and other motorists. If the truck driver is not properly trained and the dump truck not properly maintained, everyone is in danger of disaster. Many of these dump trucks are operated by local construction companies. Unfortunately, these companies rarely have an operational and organized safety department. As such, unqualified truck drivers slip behind the wheel and cause serious or even fatal car accidents.

Our Missouri personal injury attorneys have represented victims of dump truck accidents in several states. We file civil lawsuits and prosecute these companies to the full extent allowed by state and federal law, in the hopes that other companies will learn that when they fail to properly train a driver, and that driver injures other motorists, that it will effect their bottom line. In addition, our attorneys push for criminal charges when there becomes evidence of reckless or borderline intention conduct, which in Missouri is considered "punitive" conduct.

If you have questions about a dump truck accident and want to explore your legal options, contact an experienced personal injury attorney for a free, personal case consultation.

Semi-Truck Blind Spot Triggers 2 Vehicle Crash in St. Louis County, MO

Schultz Legal Group — Tue, 19 Jul 2011 22:16:00 GMT

Missouri State Highway Patrol responded Monday afternoon to a 2-vehcile crash on I-70 west in St. Louis County. 20-year-old Bryant Fogelbach of Pacific, Missouri, was driving on westbound Interstate 70 near Interstate 270 when a semi-truck began to merge in to his lane of traffic. The truck driver reportedly did not see Fogelbach's vehicle when he began to change lanes. Fogelbach increased his already interstate-level speed to avoid the truck, causing him to crash in to the rear of the vehicle traveling in front of him - that of 28-year-old St. Peters resident Kellie Back. Back sustained minor injuries as a result of the sudden impact and was taken by ambulance to St. John's Hospital in Creve Coeur.

It is unknown at this time why Fogelbach accelerated his vehicle to avoid the truck as opposed to changing lanes. Our Missouri semi-truck attorneys continue to investigate this matter in order to obtain further detail behind this collision.

In this specific case, it appears that Kellie Back did not do anything to contribute to the crash, and there is nothing she could have done to avoid a collision. Unfortunately Ms. Back is an injury victim, now faced with physical debilitation and medical bills as a result. A team of St. Louis truck accident lawyers may benefit a victim such as this by ensuring that the persons hurt are properly compensated for medical expenses, lost wages, pain & suffering, loss of earning capacity, and other forms of "damages." Our personal injury attorneys work closely with clients to address each and every aspect of a motor vehicle crash and how it has impacted his or her life. Together, we obtain a monetary outcome that addresses each of these aspects and aides in recovery both physically and financially.

Missouri truck accident settlement: What to expect for your injury or wrongful death claim by a lawyer

Schultz Legal Group — Sat, 09 Jul 2011 01:45:00 GMT

What can I expect from a truck accident settlement? What forms of compensation am I entitled to? How long does this process take? These are all common questions and real concerns of anyone injured in a Missouri tractor-trailer accident. Its often hard to even label a truck crash as an "accident", because as an injury lawyer, we often find that the truck driver and trucking company could have easily prevented the incident with just a little effort.

Safety training is a real concern in the trucking industry. Just because a truck driver has a CDL (Commercial Drivers License), he or she is not automatically qualified to operate an 18-wheeler on our nation's roads. It takes more than just a CDL to make a truck driver safe. Ongoing safety training at the employment level is critical in turning out a safe driver who is careful not to endanger others on the road, as well as his/her cargo. In fact, the Federal Motor Carrier Safety Administration requires that commercial trucking companies conduct ongoing training, testing, and qualifying to make certain that all drivers operating under their authority are up to speed on the latest rules and regulations.

When someone is critically injured or killed in a tractor-trailer crash, an experienced attorney will thoroughly investigate the truck driver and company he/she was hauling freight for. The evidence gather by your lawyer will have a direct effect on the value of your case. These are not typical car accident cases. These are claims that involve state and federal laws, all of which are complex and difficult, even for a seasoned lawyer to apply to the facts of each case.

A Missouri tractor-trailer accident lawyer can assist in determining the value of each specific case. It is important to request a free consultation and sit down for an extended period of time to address what to expect as far as compensation, length of proceedings, and forms of settlement available to a victim of am 18-wheeler crash.

UPDATE: Truck Driver Will Be Issued Tickets for Causing Columbia Tractor-Trailer Crash on U.S. 63

Schultz Legal Group — Fri, 03 Jun 2011 02:28:00 GMT

Distracted truck drivers can cause serious Missouri 18-wheeler accidents, resulting in injuries or fatalities. And that is the topic of discussion this week as Missouri State Troopers issued traffic tickets to an Arkansas truck driver who caused a collision on U.S. 63 in Columbia Missouri earlier this week. 61 year-old Pearl Anderson of Pine Bluff Arkansas was operating her loaded tractor-trailer northbound on U.S. 63 in Columbia when she came upon stopped traffic in the road. Anderson was unable to stop in time and collided with 3 other vehicles. As a result of the crash, Latavia Franklin, Amber Splitter, Lylvester Franklin, Janice Parlmer, and Marybell Garcia were all injured and transported to area hospitals.

Authorities questioned Anderson after the crash and she admitted that she was distracted just prior to the collision. It is unclear what actually did the distracting, but a Columbia truck accident lawyer will likely subpoena her cellphone records to determine if that was a factor. Evidence such as data from QUALCOMM and the semi's control module will help lawyers piece together the events leading up to impact, including the speed of the tractor-trailer, gear, and when the brakes were engaged by the driver. This evidence is critical when a personal injury lawyer files a claim against the trucking company and its driver.

Distracted driving has caused numerous serious and fatal semi-truck accidents in Missouri over the past 6 months. Most of these accident have occurred on stretches of highway in mid-Missouri and southern Missouri. Investigation by our truck accident lawyers has resulted in common factors in almost all of these accidents - a distracted or inattentive truck driver. So what are doing about it as lawyers? First, we work hard to seek justice for victims injured by reckless trucking companies. Second, we advocate for increased enforcement of federal safety regulations that are designed to protect our citizens from these types of accidents. Lastly, we educate the public with information on how to avoid accidents with large trucks.

If you need information or would like to discuss your injury case with an experienced team of lawyers, call toll-free (866) 840-3636 for a private consultation.

Semi-Truck Loses Control in Missouri and Strikes Vehicle Head On, Seriously Injuring Driver

Schultz Legal Group — Wed, 25 May 2011 00:03:00 GMT

76-year-old David Lauer was driving a multi-ton tractor trailer Monday morning in Lafayette County when he lost control, crossed the center line of US Highway 24, and crashed head on in to the small passenger car being driven by 28-year old Derek Petre. Lauer was traveling east on US 24 when his semi erratically traveled in to the westbound lane of traffic. Derek Petre of Macon, Missouri was severely injured from the head-on truck crash and rushed to Lafayette County Regional Medical Center.

Our Missouri tractor-trailer crash attorneys are working with the Missouri State Highway Patrol to further investigate this crash, including any pending charges against Mr. Lauer. It is unknown at this time what caused Lauer to lose control of his tractor-trailer.

Any sort of crash involving a trucking company requires immediate legal action in order to secure an injured party's chance for maximum recovery in an injury claim. Tractor- trailers themselves hold meticulous electronic information that can and do inevitably prove fault. Unless a trucking company - and its insurance carrier - are notified of a potential claim, this crucial information may be overwritten or destroyed. When an expert Missouri truck accident lawyer red to handle an injury claim involving a trucking company, the first step we take is sending out letters to any company or individual involved with the at-fault party to alert them of a potential claim and ensure they preserve any and all pertinent information regarding the involved tractor-trailer.

If you have been injured in an motor vehicle crash of any type, please allow us to help. We do what we do to guarantee those injured are not taken advantage of by large insurance companies. If you feel you are entitled to recovery from a personal injury claim, speak with a Missouri injury attorneys for information on how to protect your accident claim for compensation.

Herculaneum Fatal Truck Crash May Result in Charges Against Distracted Truck Driver

Schultz Legal Group — Sat, 05 Mar 2011 18:43:00 GMT

Our Missouri truck accident lawyers are reporting yet another fatal semi-truck crash south of St. Louis. This marks the third fatal tractor-trailer accident in Missouri in the past three months. The cause? Another distracted truck driver. 32 year-old Jay Valentine reportedly became distracted as he approached the McNutt Road overpass on northbound I-55 in Herculaneum and encroached upon the passing lane, which was occupied by a small passenger car. The car was clipped and triggered a six vehicle pileup. The investigation into Valentine and his conduct remains ongoing, as authorities decide whether evidence exists to prosecute Valentine for causing two deaths and numerous serious personal injuries.

The Herculaneum fatal semi-truck crash ultimately caused the deaths of 52 year-old Charles Martin and 28 year-old Alana McKnight, who were each driving in separate vehicles. Photographs that our lawyers have reviewed from the accident scene indicate that both cars were crushed against the wall to a point that they were hardly recognizable. The Missouri truck accident injury lawyers at Schultz & Myers law firm represent innocent victims of commercial motor vehicle accidents. Our lawyers regularly find, just as appears to be the situation in the Herculaneum semi-truck crash, that a distracted truck driver caused (or contributed to cause) the accident. So what is being done to reduce these fatal truck accidents? Well, not enough.

Our lawyers are currently lobbying for increased safety regulation in the commercial trucking industry, including bans on cellphone use for truck drivers. Time and time again, we are uncovering a level of distraction that is alarming for anyone who believes that sharing our highways with 80,000 pound semi-trucks is safe. Usually once we download data from a semi-truck's "ECM" (Electronic Control Module), we are able to piece together what happened in the moments leading up to the collision. The ECM is a truck's "black box", and we find that unless our Missouri tractor-trailer accident lawyers file a protective order in court to preserve this data, that a desperate trucking company will erase or manipulate the data in order to avoid liability.

When investigating a fatal truck accident like the Wednesday crash in Herculaneum, a lawyer must hustle to protect forensic evidence such as the ECM, COMMDATA reports, fuel receipts, log books, trip receipts, bills of laiding, and evidence from the scene itself, including witness statements, arial photographs, impact grooves in the pavement, skid marks, etc. Failure to preserve this forensic evidence can result in injustice to the injury victims and families that lost a loved one in an 18-wheeler accident. For more information on how to investigate a Missouri semi-truck accident, contact our highly-trained lawyers toll-free at (866) 840-3636.

St. Louis tractor-trailer accident injury lawyer discusses proposed changes in truck driver safety laws

Schultz Legal Group — Mon, 28 Feb 2011 16:56:00 GMT

New Hours-of-Service rule proposal was published in 2010, at year end. The Federal Motor Carrier Safety Administration's Notice proposes seven changes to the current requirements of HOS regulations. Our St. Louis tractor-trailer accident lawyers welcome these changes. These regulations are designed to reduce fatigued commercial motor vehicle truck drivers and ensure the truck drivers have adequate rest to perform safely while operating commercial vehicles.

Missouri litigation involving tractor-trailer accidents has shown fatigued truck drivers can not only be a serious problem, but also has potential to be deadly. Law firms across the nation have filed numerous civil suits to recover the extensive medical expenses and the cost of pain/suffering for injuries caused by fatigued drivers. The new rule will assist in holding the law breaking trucking companies accountable and deter the drivers from getting behind the wheel of a commercial vehicle without the required rested driver status.

Our St. Louis tractor-trailer accident injury lawyers investigate more than 25 serious semi-truck accidents each year. Of those accidents, our personal injury attorneys file lawsuits on at least 15, seeking compensation on behalf of our clients. It is always important to retain a Missouri truck accident lawyer who is very familiar with the safety regulations in this area of complex litigation.

The supporters, of the new proposal, are asking for even more regulations. The current new rule proposal advocates for safer roadways. The HOS regulations are housed in Part 395 of the Federal Motor Carrier Safety Regulations (FMCSRs), but many states have similar regulations for intrastate traffic. As a supporter and advocate of the new regulations, our personal injury law firm will continue to hold trucking companies liable for law breaking the requirements of maintaining safe public and highway roads.