76 year-old truck driver Donald Creed was charged with 10 counts of involuntary manslaughter for a serious truck crash which occurred just west of the Missouri state line on Highway 44.  The June 26, 2009 fatal truck accident was a scene of overall devastation, when the 26,000+ pound tractor-trailer plowed through several passenger cars that were slowing down in traffic.  Prosecutors state that Creed never even hit the brakes of the truck, he basically was a bowling ball pushing through the pins. 

The relationship between truck driver fatigue and the danger it presents to other motorists is well-documented and discussed.  The Federal Motor Carrier Safety Administration (FMCSA) has promulgated regulations in an effort to curb fatigued driving.  Certainly when a truck driver fails to even touch his brakes in slowing traffic is an indication of driver fatigue.  The FMCSA places a duty on both the truck driver and trucking company to not require or permit a driver to operate a tractor-trailer while the driver's ability or alertness is impaired, or is likely to become impaired, through fatigue, illness, or any other cause.  (49 C.F.R. 395).  One way a truck driver can become fatigued is by violating the Hours of Service permitted by the FMCSA which limits truck driver "on-duty driving time" to 11 hours within a 24 hour period. 

In one recent court decision it was noted that fatigue is the probable primary cause of 41% of studied accidents, while alcohol impairment was involved in only 4% of studied truck accidents. A second opinion found an "over-risk" of involvement in truck accidents when truck drivers operate their rigs for 10 consecutive hours or more. 

If you have been injured to the negligent conduct of a fatigued truck driver, contact a Missouri truck accident injury lawyer to discuss the aspects of how to best preserve and prosecute a civil claim for damages.  Fatigue truck crash cases are extremely complicated to handle, as they implicate both federal and state laws.