Legal Action After a Truck Crash in Missouri: What You Need to Know

Tractor-trailer crashes are severe. Injury is painful, stressful, and costly. You do have legal rights under Missouri law after a truck crash. This site will guide you through what happens and what you do. Call a local personal injury lawyer in Kansas City.

What Happens After a Truck Crash

If a truck hits a car or another truck, the damage can be worse. Trucks are much larger than most cars. That is, they can cause large damage or kill an individual. First, call 911. Always call the police to report the accident. Get medical help right away, even if you’re not hurt. Second, gather evidence. Take pictures if possible. Write down what you recall. Get contact info from witnesses. Even small things could prove useful later on. Think about time of day, weather, and landmarks.

Who Can Be Held Responsible

It can happen that more than one organization or individual can be held responsible for a truck accident. It is not necessarily the driver. Others might be responsible, such as:

The trucking company
The truck owner
A parts manufacturer
The company that loaded the freight
A third-party contractor

Each case is different. You can have an attorney decide who’s at fault.

If the brakes on the truck were faulty or were not loaded correctly, that could shift blame.

Missouri Truck Crash Laws

You have five years in Missouri to make a claim for personal injury. This is called the statute of limitations. If someone was killed in the wreck, the time frame is three years to bring a wrongful death claim. Missouri follows a doctrine called “pure comparative fault.” That means you can recover money even though the accident was partly your fault. But your damages will be cut back proportionally to how much fault you contributed. If you were 30% responsible, you might recover 70% of your total damages.

What Damages Can You Recover?

You may be able to recover money for:

Medical bills
Lost wages
Pain and suffering
Fixing or replacing the car
Emotional distress
Future treatment
Treatment or counseling

Others need long-term work training or care. These are likely part of your claim.

Why a Truck Crash Lawyer Helps

Truck crash cases are complex. Many have large insurance squads and corporations. They will try to settle for the minimum.

A lawyer can:

Gather hard evidence
Question witnesses
Handle insurance firms
Negotiate for full payment
File paperwork in time

Most of the truck accident lawyers in Missouri have a “no win, no fee” arrangement. You pay only if you win. The good attorney will also help with locating expert witnesses, e.g., crash experts or doctors.

What to Do Right Away

Below are things to do after a truck accident in Missouri:

Call 911.
Get medical care.
Take photos of the accident.
Take numbers and names.
Don’t talk to the other party’s insurance company by yourself.
Call a lawyer.

Stay calm. Don’t apologize at the scene. Just be a fact-finder when speaking to the police.

How Truck Crashes Are Different From Car Crashes

Truck crashes tend to be more destructive than car crashes. Trucks are heavier. They are slower to stop. They have huge blind spots.

And, too, trucks are subject to strict federal regulations. These include things like hours of driving, weight limits, and truck maintenance. Violating these can be used as proof of fault. Truck drivers can drive numerous hours. Fatigue can lead to slow reactions or poor judgments.

Key Evidence in a Truck Crash Case

Pertinent evidence in such cases can be:

Dash cam video
Police reports
Photos of damage
Medical records
Truck driver logs
Truck GPS data
Road camera video
Witness statements

A lawyer can help obtain these to start and manage the legal process. In a few cases, lawyers also have access to the truck’s “black box” data. It may capture speed or brake use leading up to the crash.

What the Insurance Company Might Do

The truck company’s insurer may try to:

Blame you
Say your injuries are not serious
Offer a small payout fast
Delay your claim
Ask tricky questions

Do not accept any deal before speaking to a lawyer. Do not sign anything without reading it carefully. Some forms may limit your rights.

Your Legal Rights in Missouri

If you were hurt or injured, you deserve fair compensation. You are entitled to it whether you are driving, riding, walking, or biking. You may file a claim if it was the other person’s fault that caused the accident.

You may also be entitled to:

Be represented by a lawyer
Decline an unreasonable settlement
Have your case heard in court when necessary
Request a trial by jury

Even if you were a passenger or pedestrian, you may still be able to make a claim.

Truck Laws That May Be Applicable

Some of the truck laws that may be applicable in Missouri truck crashes are:

Federal Motor Carrier Safety Regulations
Hours of service rules
Load limit rules
Truck maintenance rules
Drug and alcohol testing rules
Breaking these may be proof of fault.

Most of these laws are regulated by the Federal Motor Carrier Safety Administration (FMCSA). Your lawyer may use FMCSA violations in your case.

Common Causes of Truck Accidents

All truck accidents are caused by:

Driver fatigue
Speeding
Maintenance problems
Loads not properly tied down
Distracted driving
Weather
Young or inexperienced drivers
Faulty truck components

Knowing what caused the accident will support your case. Even a bad sign or slippery road can be an issue. Your attorney will get to the bottom of all of them.

Should You Settle or Take it to Court?

Most truck accident cases are settled. That means both sides come to an agreement on a settlement. Court, however, is needed sometimes. A lawyer will help you make the decision. If the offer is fair, settlement can be quicker. But if it is too low, court can be an option. In court, you can get more money. But longer and stressful. A lawyer can guide you each step.

How Long Do Cases Take?

Some cases settle in weeks. Others take months or years. It depends on:

How serious the injuries are
How many people are engaged
How much proof you need
If the case ends up going to trial

If there are multiple parties responsible, cases take longer. More parties mean more lawyers and more processes.

FAQs

1. Can I file a claim even if the truck driver was not charged?

Yes. A driver does not need to be charged in order for you to bring a lawsuit. Civil cases aren’t the same as criminal cases.

2. Was I partially to blame for the accident?

You may still be compensated. Missouri law permits you to receive compensation even if you were partially to blame. Your degree of blame will decrease your payment.

3. How much does it cost to have a truck accident attorney?

Most attorneys offer free initial consultations. They work on a “no win, no fee” basis. That is, they only get money if you win.

4. How long do I have to file a claim in Missouri?

You have five years on claims for injury, three years on claims for death. Don’t delay. The sooner you act, the better.

5. If the trucking company is in another state, what do I do?

You can sue. Your lawyer can file the case in Missouri if the wreck happened there.

Endnote

Truck accidents can turn your life around. But you don’t have to do it by yourself. A good law firm can help you in getting the justice and money you deserve to restore your life. If you are in Missouri and need help, talk to an experienced truck accident lawyer in Kansas City today.