Legal Analysis of Herculaneum Semi-Truck Crash on I-55 Near McNutt Rd.

This past Thursday, June 2, 2010, a tractor-trailer driven by Jay L. Valentine of Texas, caused what is being reported as a 9-car pileup.  The collision happened in Herculaneum, MO on northbound I-55 near McNutt Road.  The most recent reports are that two individuals have unfortunately been killed – a 52-year-old man and 28-year-old woman, both from Festus.  Out of respect to the families, the names of those killed are currently being withheld.  Additionally, several others were severely injured in the wreck and taken to area hospitals. 

As a Missouri Truck Accident Lawyer, things currently appear to progressing as planned.  The Missouri Highway Patrol will conduct its accident reconstruction in which they will determine the cause of this wreck (besides the obvious).  Currently, the only statement released from the truck driver is from Corporal Jeff Wilson who said the truck driver stated “He said he looked over to his right for some reason, and looked back, and traffic had slowed.”  No charges have yet to be filed against Mr. Valentine, the truck driver.   

What I know through my experience that most people don’t realize or think about is that there is a very large and powerful insurance company behind the truck driver and his company.  Moreover, there may be more than one.  As a Missouri Semi-Truck Accident Lawyer, one of the biggest tasks we have in any cases is determining all of the available insurance.  This can include the truck driver’s own policy, the truck company’s policy, excess policies, the shipper’s policy, broker’s policy, etc.  All of these potential insurance companies already have this accident on their radar and I would bet anyone that they are already working hard to limit the amount of money they will have to pay on this accident.  They may even include hiring a criminal lawyer for this truck driver to work with prosecutors and make sure he doesn’t get charged with a crime. 

However, the converse can also be true.  The injured individuals and the families of the deceased can also start working to make sure the insurance company doesn’t get off easy.  Most personal injury lawyers make the mistake of treating a truck accident like any other car accident.  They do not recognize the many difference and the peculiarities.  Quite frankly, those lawyers will not do as good a job.  Rather, an experienced Missouri Truck Accident Lawyer will do the following:

1. Send out a preservation of evidence demand letter (read more about on our Missouri Truck Accident Website)
2. Request an immediate download of the truck’s ECM aka “black-box” (read more about the ECM at on our page about how to maximize a truck accident settlement)
3. Work with the Highway Patrol and Prosecutor’s office to make sure the insurance companies are not exerting undue influence
4. Obtain the Truck Company’s DOT filings
5. Obtain all information regarding the Truck Company’s safety rating

And there are a number of other things that can be done as well.  The fact is that this truck driver has tragically devastated the lives of many people.  And more sadly, I do not believe this was just “an accident”.  While the truck driver surely did not intend to cause this carnage, these things are often the culmination of unsafe drivers, unsafe truck companies, and unsafe practices.  Those things all add up to one big explosion of tragedy.  That may very well be what happened in this case.  However, truck companies and their insurance companies try to hide these facts by surpressing certain facts and offering quick settlements (which are pale in comparison to what they really should pay).  They do this, not because they want to take responsibility, but because they do not want  an expert lawyer subpoenaing devastating documents and evidence that shows the real light of why a crash may happen which may potentially justify punitive damages.  For now, our hearts and prayers go out to the families of everyone who was injured and killed in this tragic accident.

Joshua P. Myers is a Premier Missouri Personal Injury Lawyer.  He is a founding partner of his law firm and also the President of Missouri Injury Law, LLC.  His firm specializes solely in severe and catastrophic injury cases with an emphasis on commercial motor vehicle collisions (Semi-Truck Wrecks) – click here for his Missouri Truck Accident Website.  He is a member of the Multi-Million Dollar Advocates Forum – membership is limited to only those top attorneys who have achieved multi-million dollar recoveries in a single case.  Based in St. Louis, MO, his firm handles cases throughout all of Missouri and Illinois.  He can be reached toll-free at 888-956-2487.  It is always free to discuss a potential case and there are never any upfront fees to retain his firm.  Rather, attorney’s fees will be taken as a percentage of the recovery and the firm will also front all case expenses.