Numerous national health and safety organizations have come together to petition the Federal Motor Carrier Safety Administration (FMCSA) to create a regulation to ban cell-phone use in tractor-trailers and 18-wheeler semis.  They cite to research that shows that the majority of serious truck crashes or 'close calls' are the result of distractions inside the cab of the truck.  Those majority of those distractions were found to have originated by cell-phone use or text messaging.  Even the American Trucking Associations ATA agree and its president was quoted as saying "Improving driver performance by elimintating distractions, including those caused by text messaging, will greatly improve the safety of all motorists."  The ATA reportedly supports legislation that would ban reading, writing and sending text messages at all times while operating a commercial motor vehicle. 

Truckers argue that they must use their cell phones in order to keep in touch with friends and family while on the road, as many truck drivers spend 5-6 days per week away from their home.  Legislation that would ban cell-phone use and texting would cause a disconnect with truckers and their loved ones.  Another potential issue is that many truckers use onboard communication devices to keep in touch with the trucking companies they are hauling freight for. 

Chances are high that a truck accident may have been caused by a distracted truck driver.  Whether using a cell-phone, texting, emailing, or driving while fatigued, its possible that a distracted truck driver caused or contributed to cause the truck crash.  If you have been injured in a crash, contact Missouri Truck Accident Injury Lawyer Stephen Schultz for a case consultation.  Only a competent truck accident lawyer can obtain fair compensation for your injury claim.
 
 

AstraZeneca is the manufacturer of the drug Seroquel, which is prescribed for a myriad of medical conditions, including: autism, bipolar, ADD, and depression.  Seroquel was approved by the FDA in 1997 and as early as 2002 warnings came out from the manufacturer that the drug had dangerous side effects and for doctors NOT to prescribe the drug to diabetes patients.  Seroquel brought in profits of $4.5 billion for AstraZeneca in 2008 alone.

Reports have now surfaced that as recent as 2006, AstraZeneca sales representatives were telling doctors that Seroquel did NOT cause diabetes, despite the fact that the company had sent correspondence to Japanese physicians in 2002 warning of that very issue.  The link between diabetes and Serquel has become relatively clear, and to this day over 15,000 takers of Seroquel have joined to file Seroquel drug defect claims against AstraZeneca.  Currently the case is consolidated for trial in Orlando Florida.

If you took Seroquel and developed serious side effects, up to and including diabetes, contact Drug Recall Injury Lawyer toll-free at (866) 840-3636 for a free consultation.  Prescription drug manufacturers have a strict duty to design and produce drugs that are safe to those whole use them for their intended purpose.  Don't be victimized twice.

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.

Missouri Truck Accident Injury Lawyer Stephen Schultz is proud to launch a new injury victim website.  The new site is specifically dedicated to the victims of serious Missouri truck (tractor-trailer, 18-wheeler) crashes.  When asked about the website, attorney Schultz stated "I am pleased to provide information to injury victims involved in serious truck accidents throughout the state of Missouri.  Commercial trucking of products is an obvious necessity for our country's economy.  However, we cannot continue to compromise the safety of Missouri motorists by allowing unsafe truck drivers and negligent trucking companies to operate in our state without consequence." 

Missouri Injury Lawyer Stephen Schultz is a advocate for safety trucking.  A member of the Association of Plaintiff's Interstate Trucking Lawyers of America, Schultz regularly attends legal seminars dedicated to the prosecution of unsafe trucking companies.  Commercial truck driving is a profit-driven industry.  While most companies are safe, there are many bad apples that place unfit and untrained truck drivers behind the wheel of 60,000 pound tractor-trailers.  Think of an 18-wheeler as a land locomotive.  That is essentially what they are.  Without proper safety training and application of the highest degree of care, these land locomotives can cause serious personal injury and death on Missouri roads and interstates. 

If you have been victimized by a negligent truck driver and/or trucking company, DON'T WAIT to contact an experienced truck accident injury lawyer.  Evidence, witnesses, truck driver log books and other key materials must be preserved immediately.  Without the assistance of an attorney, a truck accident injury victim will be victimized twice.  First by the accident itself, and second by the insurance company that "adjusts" the injury claim. 

A young teenager was tragically pronounced dead following a serious fatal car accident near Houston Missouri.  The impact was a broadside car accident, akin to head-on collisions as causing the most serious bodily injuries to drivers and passengers.  17 year-old Andrea White was turning onto US 63 when she was broadsided by a pick-up truck being driven a man from Cabool.  The impact was extremely violent and caused Ms. White's vehicle to spin off of the roadway and into a culvert.  The young passenger in White's vehicle was seriously injured and ambulated to Texas County Memorial Hospital for emergency treatment.

Missouri Car Accident Lawyer Stephen Schultz has expressed opinions in the past regarding the high number of collisions that occur on U.S. 63 in mid-Missouri.  This stretch of roadway sees its share of head-on car accidents, as drivers regularly wander over the center line of traffic.  Whether not paying attention to the roadway or just plain imprudent driving habits, motorists who fail to exercise extreme caution on U.S. 63 place themselves and others in danger.

Missouri's Rules of the Road can be found within Chapter 304 of the Missouri Revised Statutes.  This set of statutory authority describes the care required to operate a motor vehicle on our state's roadways and interstates.  Failing to observe the Missouri Rules of the Road and subsequently causing a serious car accident can result in both criminal and civil charges.
      

Is there a difference between a "fatigued" truck driver and a "tired" truck driver?  Absolutely.  And the difference can be deadly, at least for Missouri drivers.  A fatigued truck driver may not actually be sleepy.  Instead, fatigue can result in poor motor skills, reflex/reaction time, recognition time, and impaired decision-making.  The Department of Transportation and Department of Occupational Safety have long recognized that fatigue is a major safety concern in the commercial trucking industry.  In fact, many trucking companies have safety courses strictly devoted to recognition and regulation of fatigued truck driving. 

It is a commonly-known fact that many commercial truck drivers use over the counter stimulants to combat fatigue.  Most truckers are compensated on the miles they drive within a specific period of time.  There becomes a direct battle between profits and safety.  In order to drive more miles, truck drivers purchase stimulants such as Red Bull, Yellow Jackets, Ephedrine, and 5-Hour Energy.  Uppers work for a while, but the cause the user to 'crash', many times resulting in an extremely fatigued driver.  Fatigue is a top cause of Missouri 18-wheeler injury claims and serious car accidents.  The Federal Motor Carrier Safety Regulations limit commercial truck drivers to 11 hours of drive time per 24 hour period.  After driving a truck for 11 hours, the truck driver must accumulate 10 hours of off-duty time.

The hum of truck tires and the rumble of the diesel motor can make any truck driver dazy.  In fact, it is reported that driver can occasionally fall asleep for seconds at a time without even recognizing it.  Many operators are overweight and suffer from sleep apnea, a serious sleeping disorder in which the body awakes numerous times throughout the evening, keeping the brain from entering REM sleep, which is the most critical period of rest.  If you have been involved in a car accident with a fatigued truck driver, contact the Missouri truck accident injury lawyers at Schultz Legal Group.   

  

President Obama is in the midst of tacking health care issues, but he has also verbally pledged to "deal with" medical malpractice claims.  Obama does not share the Republican plan to limit medical practice claims by capping damages.  Instead, President Obama wants to fund programs that encourage negligent doctors to deal with a mistake by acknowledging it, apologizing, and compensating if necessary.  No one is sure what "compensating" means by the way, as hospitals who employ negligent doctors would have discretion on what 'fair compensation' actually is...similar to a insurance claims adjuster.  However, Missouri Medical Malpractice Lawyers should agree with the President's opinion that "capping medical malpractice claims is an unfair to people who have been wrongfully harmed."

I Missouri, medical malpractice claims have been capped by the legislature.  The maximum any one claimant can receive for non-economic damages is $350,000.  This means that no matter how bad the injury victim suffered, the max available to compensate that pain and suffering is $350,000.  There is no cap on non-economic damages, which include hospital bills associated with recovery or treatment for the harmed caused by a negligent doctor. 

The American Medical Association was reserved in its response to Obama's opinion on curbing medical malpractice claims, but one would assume it would please the association.  It is disheartening for the victim of medical malpractice to learn of more intent to thwart meritorious lawsuits.  The fact of the matter is, medical malpractice CLAIMS are at an all-time low, as are medical malpractice insurance RATES.  It seems unfair and unconstitutional to move towards any more medical malpractice tort "reform", as it appears that people with legitamite Missouri medical malpractice claims are choosing not to file them due to the reform already in place.    

A truck that was pulling a trailer filled with grain caused a near serious truck accident in Lawrence County Missouri, resulting in a hunt for the truck driver and tractor-trailer.  The truck allegedly used its shear mass and weight to push a smaller passenger vehicle into a busy highway intersection.  The truck then headed west on Missouri Highway 96, resulting in a felony hit and run for the truck driver.  The commercial trucking company that employs the truck driver may also be responsible if it is determined that the company knew of the hit and run and failed to report it to authorities.

Missouri roads and highways are absolutely filled with trucks moving goods at a fast pace.  Most truck drivers do their best to observe Missouri's statutory Rules of the Road and the Federal Motor Carrier Safety Regulations.  However, a select few truck drivers can become overly aggressive in an attempt to speed up traffic and get to their destination, or "drop off', as fast as possible.  Getting freight from point A to point B as soon as possible has a direct correlation to driver financial income and the trucking companies bottom line. 

If you have been victimized by an aggressive truck driver, contact a Missouri Truck Accident Injury Lawyer immediately for prosecution of your injury claim.  Don't let aggressive truck drivers go unpunished.  Serious Missouri truck accidents can cause catastrophic personal injuries or result in wrongful death claims.  Don't be victimized twice.

A Missouri rear-end car crash can be devastating, even at low impact speeds.  The serious personal injuries that can be sustained by the spine can be catastrophic.  Recently release health information on the topic of post traumatic spine injuries sheds some light on what can happen to the spine in a car accident.  Persisting neck, back, and occipital headaches commonly result from an acceleration / deceleration injury. Injuries sustained to the spine may be classified as "soft-tissue", but nonetheless, they can be permanent and disabling.  Treatment for spine pathology following a car accident include physical therapy as well as provocative disc injections to manage pain.

Some injury victims experience extended periods of relief from epidural steroid injections and spinal manipulation.  For those who don't find complete relief or who can no longer live with the pain associated with post traumatic spine injuries resulting from a serious Missouri car accident are left with the intrusive proposition of a posterior spinal disc fusion.  Relief of upper cervical, suboccipital, and occipital pain is the primary goal of a spinal fusion.  An orthopedic surgeon is the type of physician most-qualified to consult with on spine injuries.

If you have been injured in a car accident, contact a qualified St. Louis Car Accident Attorney for legal representation.  Only an experienced and dedicated Missouri injury lawyer can properly negotiate a fair settlement for spine injuries sustained from an automobile accident.  Don't be victimized twice.