An early morning crash on Saturday left investigators looking at one of their own officers when they responded to a wrong-way collision on De Tonty Street in St. Louis, Mo.  27 year-old Officer Michael Schinner was charged with drunk driving and causing a DUI crash which involved another police officer.  Officer Darryl Monroe was returning from a call in his Chevy truck when a head-on impact ensued.  Monroe was transported to the hospital and received treatment to his lower extremities.  28 year-old Brian Cole was riding as a passenger in Schinner's Dodge and sustained serious trauma, including a brain injury.  The future prognosis of Mr. Cole is unknown at this time, as traumatic brain injury (TBI) can take months of treatment to fully understand the degree damage caused by the blunt force impact of an automobile collision.

Anytime a collision involves drunk driving, lawyers typically look to a 12-hour history of where the driver had consumed intoxicating liquors.  This may involve subpoena of receipts from restaurants and taverns, as well as recorded interviews of anyone in the company of the drunk driver for that time frame.  It is important, from a civil investigative standpoint, to determine whether or not a third-party entity, such as a bar, could possibly bear some type of legal accountability for the cause of the crash, especially when the injuries caused are severe.  Commonly referred to as "Missouri dram shop law", this is a particularly complex legal doctrine which assigns joint fault on the owner of a restaurant or bar that "knowingly served alcohol to a visibly intoxicated patron."  The burden of proof in dram shop cases is very high for the injury victim.  The key to success is an experienced St. Louis dram shop attorney and a vigorous independent investigation.

Dram shop claims are complex for several reasons.  Since the defendant is usually charged with crimes such as DUI and assault, he/she is wrapped up in an ongoing criminal investigation.  Throughout the course of pending criminal charges, a drunk driver can exercise a 5th amendment right to avoid self incrimination.  This means taking his/her deposition in a civil case is tricky because many of the relevant dram shop questions are met with silence.  A St. Louis dram shop car accident lawyer will need to figure out how to secure the critical evidence necessary in the beginning to protect the rights of the people injured in the crash, even if this means holding off on deposing the defendant driver in a civil claim for personal injury.

The legal blood alcohol (BAC) limit for a driver in Missouri is .08.  So can an attorney prove a dram shop claim based on BAC alone? Yes and no.  A jury may determine that a drunk driver's BAC was so high that any waiter or bartender should have known that the patron they were serving alcohol to was "visibly intoxicated" and "should have been cut off."  The best dram shop liability lawyers in St. Louis will hire top notch toxicologists to use as experts in a civil dram shop case against the drunk driver who caused the collision and bar(s) that over-served that driver.  After all, shouldn't bartenders and waitstaff exercise good judgment when serving intoxicating beverages to a customer? 

If you have been injured in a drunk driving crash in the St. Louis area, contact an experienced car crash lawyer who has successfully handled dram shop liability cases.  These case types are complex and require a specialized knowledge of pharmacology and history of dram shop caselaw in Missouri.  To learn more about Missouri dram shop liability and the evidence necessary to win a case like this, speak to a partner at Schultz Legal Group by calling (314) 448-0934 or toll-free (866) 840-3636.  Victims can also send a secure email to the firm's founding partners with legal questions.  

 

Illinois troopers were called to a major semi-truck crash that took place in Johnson County Illinois just before rush hour this morning.  Responders report that the collision occurred on Interstate 57 just south of the town of Goreville.   22 year-old Christopher Tracy was operating his light blue brand new Freightliner tractor-trailer southbound on I-57.  Tracy's truck collided with another semi-truck that was parked on the shoulder of the road.  Tracy, of the state of Missouri, did not report any personal injuries at the scene. 

64 year-old Patrick McDaniel was in his parked 2006 tractor-trailer on the shoulder when it was struck from behind.  The left rear corner of his truck sustained the majority of the impact, as Tracy's truck slammed into it, and then slid down a hill on the side of southbound I-57.  Tracy was issued a traffic ticket by Illinois State Police for improper lane usage.  Coincidentally, a conviction for improper lane usage is a "serious safety violation" according to the Federal Motor Carrier Safety Regulations.  Tracy will be required to disclose this conviction to his employer.  If he is an independent contractor or "owner operator", he is still required to disclose this violation in the annual driving record review as required by federal safety regulations.

Trucking accidents often involve two or three tractor-trailers and no passenger vehicles.  Drivers can still sustain serious injuries, although statistically, truck drivers are less likely to sustain the severity of injury often incurred by drivers/passengers of smaller vehicles.  Take for example this crash on I-57 which involved a high rate of speed and violent impact.  Both truck drivers refused medical attention at the scene.  That does not mean they are not seriously hurt however.  Most soft-tissue injuries, which can end up requiring surgery, do not manifest themselves for hours or days after a collision.

A tractor-trailer accident lawyer can provide victims of a commercial motor vehicle crash with helpful advice on how to file claims with an insurance company for property damage, personal injury, lost wages, and other harms caused by a collision.  Truck crash litigation can be complex, expensive, and time-consuming.  Because federal and state law both apply to these case types, many lawyers are not fully capable of providing the experienced legal representation necessary to ensure a favorable result.  As such, it is recommended that victims research the credentials of their lawyer or law firm to determine whether they have the specific knowledge necessary to win your case.

The Federal Motor Carrier Safety Administration has reviewed the data and heard the arguments on both sides of the fence.  On one hand, truckers claim that they live in their cabs and they must be permitted to use a cellphone to stay in contact with friends, family, and their employer during those 10+ hours of driving each day.  Safety experts, on the other hand, claim that truck drivers who use a cellphone present a clear and present danger to everyone else on the road.  Judging by the numbers, there is truth to their position.  Just in the past couple of years in Missouri, Illinois, and Arkansas, there have been reports of several fatal semi-truck accidents where law enforcement determined that a truck driver was using a cellphone just moments before the collision.  In Missouri alone, there were 21 fatal and 558 serious car accidents where cell phone use was a contributing factor to the crash.

So as early 2012, Federal Safety Regulations will ban cellphone use by truck drivers while they are on-duty, behind the wheel of a tractor-trailer.  And while there is no specific enforcement plan, the government has recommended that local police pull over semi-trucks and passenger buses where a driver is witnessed using his/her cellphone.  The Missouri Highway Patrol commented on the measure and indicated that it would pull commercial motor vehicle operators over if they are using a cellphone.  The fine for a truck driver or bus driver convicted of using a cellphone while driving include up to a $2,750 penalty for the driver and $11,000 penalty for the employer. 

The American Trucking Association actually supports the new trucking safety law.  However, a coalition representing independent operators does not.  All in all, this new regulation should be welcomed by anyone concerned with the safety of truck drivers, other motorists, and delivery of undamaged freight.  Many states have already introduced, or are considering, laws that ban cellphone for motorists.  Some states have made it illegal to use the text messaging feature on a cellphone.  Others have ban hand-held cellular devices all together unless the driver is using bluetooth, a headset, or some other form of wireless connectivity that permits the driver to keep both hands on the wheel and eyes on the road.

As a truck accident injury lawyer, one of the first things we do in complex semi-truck injury litigation is subpoena the cellphone carrier records of our client and the driver of the tractor-trailer to determine if cell phone use could have played a contributing factor in the collision.  Juries get upset with distracted drivers, largely because the resulting accident could have been preventable.  As an experienced truck accident attorney, it is not uncommon for us to claim punitive damages in a case involving distracted truck driving.  These collisions cause bad injuries and our attorneys represent each of these victims with special care.  It is important for all drivers, both truck and passenger care, to realize the danger posed by cell phone distraction.