Posted November 30, 2009

By:  WNCT.com

A tractor-trailer carrying 45-thousand pounds of hydrochloric acid overturned on a Kansas City interstate Monday morning (11/30), snarling traffic and prompting the city to open its Emergency Operations Center.

Clouds of hazardous gas escaped from the trailer and an unknown amount of acid spilled from the tank. The nearby Isle of Capri casino was not evacuated, but those inside were asked to remain inside the building.

Traffic on Interstate 35 was completely blocked on the Paseo Bridge, and was snarled in both directions during the morning rush hour.

Hazmat crews were called in to contain the spill and clean up the area.

Firefighters pulled the driver of the truck from the cab. He was transported to an area hospital, but was alert and responsive. Two police officers were hospitalized for skin and throat irritation.

Kansas City Police and the Missouri Highway Patrol were unsure of how soon the bridge would be reopened.

Posted November 13, 2009

By Jessie-Lynne Kerr, jacksonville.com

A Circuit Court jury in Flagler County Thursday returned a $5.1 million verdict in a wrongful death case stemming from a 2006 fatal collision between a fully loaded tractor-trailer and a Honda minivan.

Ingrid Falkenstein, 67, who had just retired to Palm Coast with her husband, David Falkenstein, was killed instantly in the wreck. Her husband suffered a pelvic fracture among other injuries.

Falkenstein’s attorney, Steve Pajcic of Jacksonville, presented evidence that showed trucker Christopher Angland of Palatka, driving for McMaster Sod LLC of Bunnell, ran a stop sign at Cody’s Corner. The accident occurred about 6:30 p.m. May 18 at the well-known but isolated intersection in the southwest part of the county.

The defendants argued that the county was at fault because of poor signage at the intersection and a failure to replace worn rumble strips approaching the stop sign.

But the jury placed 60 percent of the blame on the driver, 40 percent on McMaster and none on the county. Pajcic said some of his most compelling evidence was a Valentine’s card that Falkenstein gave his wife in the first year of their 33-year marriage that pledged, “Our happiness is our wealth.”

Pajcic urged the jury to place the same value on their long marriage as the couple had themselves. He argued that reckless driving by a tired trucker had robbed the couple of their golden years of retirement.

Published on August 25, 2009 by stltoday.com

ST. LOUIS — A man severely injured in a pileup that killed three people on Highway 40 (Interstate 64) last year is entitled to more than $13.8 million from a truck driver and his company, a federal magistrate judge has ruled.

The man’s wife has been awarded $4.2 million more.

The crash left Mark Tiburzi, 53, under constant care in a nursing home, unable to walk or talk, according to his lawyer and court filings.

 
Trial is pending on involuntary manslaughter charges in St. Louis County against the truck driver, Jeffrey D. Knight, who was blamed for the wreck. Officials claim he was distracted by reaching for a cell phone when his tractor-trailer rig piled into vehicles near Interstate 270 on July 15, 2008, causing the three fatalities and 14 injuries.

Knight, 49, and the trucking company, Holmes Transport Inc. of Muscle Shoals, Ala., were ordered to pay damages for Tiburzi’s injuries because “it was more likely true than not true” that Knight was negligent, U.S. Magistrate Judge David D. Noce ruled after a one-day bench trial Aug. 11.

In addition, Tiburzi’s wife, Cheryl, of St. Peters, will receive more than $4.2 million from Holmes Transport Inc., the judge ordered. The couple have two children and a grandchild.

Tiburzi was on his way to the Brentwood Promenade from Chesterfield when the crash happened. He was a district sales manager for Famous Footwear.

Court documents claim Knight violated regulations by driving beyond the maximum hours allowed over an eight-day period.

The suit was in federal court because Holmes is based in another state, Alabama.

Gary Wiseman, the St. Louis attorney representing Knight and the company, could not be reached for comment.

Two of the dead were Amish from northeastern Missouri, heading to a funeral in Tennessee with a hired driver. Lydia Miller, 55, of Canton, Mo., died the day of the crash; Alvin Mast, 88, of Kahoka, Mo., died two days later. Charles “Keith” Cason, 55, a copier salesman from Caseyville, also was killed.

At least two other families have civil suits pending against Knight and the company.

            You are stopped at a red light and you hear a bang and your car lurches forward.  Or, maybe, you are driving down the road and a car comes out and hits your car in the side.  Do you know what to do?  More importantly, do you know what you should not do?

            First, you should:

            ►        Call the police.  It’s “your word against his” without an official report.

►        Get immediate medical attention and ongoing treatment for any injuries sustained.  Insurance companies will often use the excuse that there must

            have been a subsequent injury when there is a “gap” in treatment.

►        If possible, get the names, addresses and phone numbers of any witnesses

            on the scene. 

►        Contact an attorney who specializes in auto accident cases.

You should not:

►        Agree to work out property damage or bodily injury issues at the scene

            with the defendant.  People can change their minds and their stories!

            The simple fact is that auto insurance companies are not non-profit organizations and they are not your friends.  They don’t hand over cash voluntarily because they are in business to make money and they will use any excuse available to avoid paying a claim. 

            So, if you have been hurt in an automobile, truck or motorcycle accident, you need to speak with someone who has your interests at heart.  You need an advocate who will fight for you to obtain the compensation to which you are entitled. 

            Our firm has been representing the victims of automobile, truck and motorcycle accidents for over 25 years.  If you or a member of your family have been the victim of a motor vehicle accident,  you can complete an online consultation form or engage in an online chat.  Don’t wait. 

            Good, bad or ugly, tell us what you think of this blog!

           In my opinion, one of the most enjoyable and relaxing experiences you can have is to take a leisurely ride on your motorcycle.  The scenery can be beautiful and motorcycles get excellent gas mileage.  However, if you are involved in an accident while on a motorcycle, this enjoyable experience can turn tragic very quickly.

            The sad fact is that motorcycles offer little protection to their rider in an accident and are sometimes difficult for other motorists to see.  Because of this, the injuries sustained in a motorcycle accident are frequently far more serious than the injuries sustained in an automobile. 

            If it isn’t hard enough to recover from these serious injuries, the operator or passenger on a motorcycle has to worry about the medical bills and lost wages.  Most motorcycles do not carry medical coverage on their bikes.  This is fine if you have good health insurance.  If you don’t have health insurance, you can go deep into debt with medical bills. 

            If you have been seriously injured due to the negligence of another driver, you need an attorney experienced in handling motorcycle cases.  You need someone who has your interests at heart.  You need an advocate who will fight for you to obtain the compensation to which you are entitled. 

            Our firm has been representing the victims of automobile, truck and motorcycle accidents for over 25 years.  If you or a member of your family have been the victim of a motorcycle accident,  I invite you to visit my website at www.dreamlegalteam.com.  You can fill out an online consultation form or engage in an online chat.  Again, the website is www.dreamlegalteam.com.  Don’t wait. 

            Good, bad or ugly, tell us what you think of this blog!

            Good, bad or ugly, tell us what you think of this blog!