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If you have recently been involved in an accident with a large truck such as a commercial truck or tractor trailer, you know how devastating the resulting damage and injuries can be. Fortunately, you may be eligible for compensation through a truck accident claim or lawsuit. Contact LegalFinders today for a free case review and to be connected with a top truck accident lawyer in Missouri.

Cleanup company working at a four vehicle accident involving two large trucks resulted in a single injury

Being involved in an accident on the road with a semi-truck can be a terrifying experience and one that can leave you with serious injuries. Depending on the severity of your accident, you may be thinking about taking legal action.

By filing a truck accident claim in Missouri, you may be awarded a financial settlement to help pay for medical bills and pain and suffering or other damages.

Accidents involving semi-trucks can be complicated and often include multiple defendants, making it extremely important to hire an experienced truck accident attorney.

If you are interested in filing a claim after a truck accident in Missouri, LegalFinders can help you locate a skilled lawyer in your area.

Who Is At Fault In A Missouri Semi-Truck Accident?

The person at fault in a semi-truck accident is the driver or party that is responsible for the accident occurring.

In order to be found financially responsible for damages, the at-fault driver must also be found negligent and liable for the damages.

In order to be found negligent, the driver must have acted carelessly or thoughtlessly, even if they didn’t intend to cause the accident.

It is possible for both drivers to be found liable to some extent, and also for other parties involved to be found liable. In semi-truck accidents, it can often be the trucking company that is found liable.

Is The Truck Driver Always Liable In A Missouri Truck Accident?

The truck driver is not always found to be the liable party in a Missouri truck accident. In some instances, the truck driver is one of the numerous parties found liable for an accident.

In some truck accidents, it is the other motorist who ends up being found responsible. In others, neither motorist is responsible and it is actually the trucking company or a manufacturer of a certain part on the truck.

Essentially, the party or parties who are found to be liable are also the ones who were found to be negligent.

Legal Options After A Missouri Semi-Truck Accident

After experiencing an accident with a semi-truck in Missouri, you may be wondering what your next steps are.

One option that you have is to file a personal injury claim to recover compensation for medical expenses or loss of income you experienced while you were healing from your accident.

A settlement award can also help to cover expenses that are more abstract, such as loss of consortium or companionship, or loss of enjoyment in life.

You may also have the option to file a truck accident lawsuit if your claim does not settle outside of court. This instance is considered rare, but it does happen on occasion.

When thinking about your legal options, it is a good idea to speak with an experienced attorney who can help you understand your options and how to progress with your case.

Steps To Take After A Truck Accident In Missouri

The following are steps you can take after a truck accident in Missouri to give yourself the best chances of recovering fair compensation.

1. Collect Documentation

Some pieces of evidence can be collected immediately, while others will be collected in the days and weeks following the accident.

Important items to collect from the accident scene may include:

  • Photos from the crash site of all vehicles involved as well as the scene around the accident
  • Videos from the scene. Reach out to potential businesses or other sources in the area who may have surveillance of the accident
  • Eye witness testimonials and statements from other motorists or pedestrians who witnessed the truck crash
  • Contact information for all drivers and license plates for all motor vehicles involved in the crash

2. Consult A Missouri Truck Accident Lawyer

One of your first steps after any type of auto accident is to contact an experienced personal injury attorney. This step can help ensure you do not say or do anything to harm your case.

Your car accident attorney can help you gather all necessary evidence and submit your claim, all before your statute of limitations (filing deadline) runs out.

3. File Your Truck Accident Claim

You must make sure that you submit all evidence and file your claim before your statute of limitations has expired. If this happens, you will no longer be able to file a claim.

By working with a skilled attorney, you can make sure you meet all deadlines. This way, you can relax and focus on your healing and recovery

4. Negotiate A Settlement

During the negotiation period, your lawyer will communicate with the lawyer of the other party, as well as insurance adjusters, and try to come to an agreement about a fair settlement.

A settlement cannot be awarded until both parties agree on an amount. In the event that this does not happen, you can take the case to court in the form of a lawsuit.

5. Pursue A Truck Accident Lawsuit, If Necessary

If your claim does not reach a successful settlement, you may have the option to file a personal injury lawsuit.

Your truck accident attorney will be the one to stand and serve as your legal representation in court, which is why it is essential to find an attorney with a solid track record of successful cases.

Damages You Can List In Missouri Truck Accident Cases

Damages from truck accidents can be extensive and can include damages that are both obvious, like medical bills, and also damages that are more abstract, like loss of enjoyment in life.

Common damages listed on Missouri truck accident claims include:

  • Medical expenses: these can include emergency medical services needed right after the accident as well as bills for ongoing care needed
  • Loss of income: loss of pay and benefits while recovering from the accident
  • Loss of future income: loss of expected income and benefits if the truck accident victim loses the inability to continue working in the future
  • Pain and suffering: truck accidents can cause a lot of emotional distress and mental anguish in addition to causing physical injury
  • Loss of consortium: this can mean the loss of a loved one in the form of the loss of a spouse or the loss of a very close companion
  • Wrongful death: this is the type of lawsuit filed when the victim of the truck accident passes away and the lawsuit is filed by one of their surviving loved ones

Common Injuries In Missouri Truck Accident Claims

Because truck accidents involve large commercial vehicles that weigh tens of thousands of pounds, the injuries resulting from such accidents can often be severe. Unfortunately, fatalities are not uncommon in truck accidents.

All truck accident injuries can be cited on a claim by the truck accident victim, no matter how small the injury may seem.

Common injuries listed on Missouri truck accident claims include:

  • Brain, neck, and head injuries
  • Spinal cord injuries
  • Whiplash
  • Burns
  • Internal injuries
  • Cuts and lacerations
  • Broken bones
  • Loss of limb
  • Disfigurement
  • Death

Top Causes Of Truck Accidents In Missouri

It is not uncommon for truckers to work long hours and in extreme conditions at times, even though there are regulations in place to prevent drivers from extended hours of service.

In fact, the most common causes of truck accidents are considered to be driver fatigue and driver inexperience.

Common causes of truck accidents in Missouri include:

  • Driver fatigue
  • Blind spots
  • Drug and alcohol use
  • Driver error
  • Poor truck maintenance
  • Bad weather conditions
  • Inexperienced driver
  • Road construction
  • Equipment failure

Factors In Truck Accident Claims In Missouri

The following are a few factors that could affect your claim after a truck accident in Missouri.

At-Fault Insurance Laws

Missouri is an at-fault insurance state meaning that people may file claims with the insurance company of the at-fault party in order to receive compensation for damages and bodily injury.

This differs from states which are no-fault. In no-fault states, people must file claims with their own insurance companies first in order to be compensated for their injuries.

Missouri’s Personal Injury Statute Of Limitations

The statute of limitations for personal injury cases in Missouri is five years, so people have five years to file their claims from the date of the accident.

Five years may seem like a lot of time, but once this time runs out your legal options are essentially closed, so this is a deadline that you do not want to miss.

Missouri’s Pure Comparative Negligence Principle

Missouri uses a pure comparative negligence principle, which allows for the at-fault party to file a claim against the other party even if the claimant is mostly responsible for the accident.

This is because both motorists are assigned percentages of fault for the accident, based on their level of responsibility for the accident.

Truck Accident Rates In Missouri

The following statistics have been compiled by the Missouri Department of Transportation and the Missouri State Highway Patrol.

Rates of truck accidents in Missouri in 2022 include:

Total truck accidents

15,005

Total injuries from truck accidents

2,756

Fatalities due to truck accidents

119

Missouri Truck Accident FAQs

The following are questions that are commonly asked about Missouri truck accidents.

Are Truck Accidents Common In Missouri?

The trucking industry is prevalent in Missouri and many of Missouri’s roadways are frequented by commercial trucks on a constant basis.

Despite this, truck accidents are actually less common in Missouri than they are in other states.

What’s The Average Settlement For A Truck Accident In Missouri?

The average settlement amount for a truck accident in Missouri is around $40,000, but it is important to remember that this amount can be significantly higher or lower.

Every commercial truck accident is different, and the injuries and damages that result from truck collisions can range from minor to extremely serious, with some even resulting in death.

In general, injuries tend to be greater in truck collisions than in passenger vehicle collisions, so the settlements are higher on average.

Can You Sue Someone For A Truck Accident In Missouri?

Yes, you can sue for a truck accident in Missouri, although they are likely to be multiple defendants.

If you believe that you may be eligible to file a truck accident claim or lawsuit after a truck accident, you can contact us at LegalFinders for legal advice and a free case evaluation.

How Much Do Truck Accident Lawyers In Missouri Charge?

Every personal injury law firm will have its own rules regarding payments, but most work on a contingency-fee-basis. This means that they only accept payment once the claim has reached a successful settlement or verdict.

Once the case has reached a settlement, contingency-fee lawyers take a percentage of the award amount, usually between 30% and 40%.

Connect With The Best Truck Accident Lawyers Serving Missouri

Truck accidents can be complex cases, and there can be many factors involved in each claim or lawsuit. Working with a top personal injury lawyer and legal team is the only way to ensure you and your family receive full compensation.

For a free consultation to discuss your legal options after a truck accident in Missouri, contact LegalFingers today by calling our phone number or filling out our contact form.

Article Sources

Federal Motor Carrier Safety Administration. “Large Truck and Bus Crash Facts 2020.” Retrieved from: https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2020. Accessed on March 11, 2023.

Missouri State Highway Patrol Statistical Analysis Center. “Commercial Motor Vehicle Crashes.” Retrieved from: https://www.mshp.dps.missouri.gov/MSHPWeb/SAC/crash_data_commerical_motor_vehicle_960grid.html. Accessed on March 11, 2023.

Missouri Trucking Association. “Missouri Trucking Fast Facts.” Retrieved from: https://www.motrucking.org/wp-content/uploads/TruckingFastFacts2018_MO.pdf Accessed on March 11, 2023.

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