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Tracy Morgan crash raises issue of seat belt use in personal injury cases

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In out last post, we began speaking about the findings of the National
Transportation Safety Board regarding a crash in which actor-comedian
Tracy Morgan was involved last summer in New Jersey. As we noted, one
of the findings was that the truck driver who caused the accident was
definitely fatigued, as initial reports pointed out.

Another interesting point made in the findings is that most of the passengers,
who were struck in the accident, including Tracy Morgan, were not wearing
seat belts at the time of the accident, despite the fact that New Jersey
law required them to do so. Based on that finding, the board urged the
National Limousine Association to recommend that limo drivers advise all
their passengers about the importance of wearing safety belts.

Here in Missouri, seat belts are also required for all occupants of passenger vehicles,
which are motor vehicles designed to carry up to ten people and used for
transporting persons. Obviously, it is in the interest of passengers to
wear a seat belt, but what happens when a plaintiff who was not wearing
a seat belt at the time of a crash pursues damages?

In terms of determining how to apportion liability, failure to wear a seat
belt at the time of an accident makes no difference in Missouri since
evidence of not wearing a seat belt cannot be admitted for determining
comparative negligence. Such evidence can be admitted for the mitigation
of damages, though, an issue we’ll discuss in our next post.

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Truck Accidents

What Are the Real Causes of Trucking Accidents?

According to the Federal Motor Carrier Safety Administration (FMCSA), there were 2,734 fatal crashes involving trucks and buses in 2019. About half of those accidents involved a large truck and a passenger vehicle. 3,087 people died in those crashes. Fatigue, speeding, drugs, and alcohol are major factors in motor vehicle crashes. The Large Truck Crash Causation Study In 2006, the FMCSA Office of Research and Analysis released the Large Truck

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Truck Accidents

Rolling with Giants: Tips for Sharing the Roadway

In today’s busy world, many of us are constantly on the run. With the constant go, go, go, it is easy to forget about those not so gentle giants we share the road with – semi-trucks.  It is almost certain that whether you’re traveling through town or on the highway, you will be in the company of these vehicles. Because of this certainty, I want to share a few tips

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Truck Accidents

Should private mail delivery drivers be exempt from fatigue-preventing safety rule? P.2

In our previous post, we began speaking about a request made by an organization representing private mail carriers for an exemption from the 14-hour limit rule. The rule is one of so-called “hours of service” rules under federal law which puts limits on how much time commercial motor vehicle drivers can spend behind the wheel in any one work day or work week. The hours of service rules are important

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