When you or a family member is injured in a commercial truck accident, the truck driver or company may have a legal obligation to cover your damages. However, timeliness is essential when dealing with truck accident cases in Missouri to ensure you abide by the state’s statute of limitations and collect all necessary time-sensitive evidence.
Read on to learn more about those time limits, how much you can recover in a claim, and all the ways a Missouri truck accident attorney from our team can help. At Rosenfeld Injury Lawyers, we have helped many victims of trucking accidents stand up for their rights and recover the funds they’re due.
You Have Limited Time to File a Truck Accident Claim in Missouri
Truck accident victims have a limited time to file a claim in Missouri, as indicated by the statute of limitations. The statute of limitations refers to the law limiting injury cases after a set period of time. Missouri statute of limitations vary, depending on the accident cause, injury type, and parties involved.
In general, Missouri limits truck injury claims to five years from the date of the injury. In cases of wrongful death, the state requires you to file your claim within three years.
Keep in mind that it can take some time to build a successful claim, meaning it’s crucial to consider your legal options as soon as possible. Contact us for a free case evaluation before the time runs out!
Types of Cases That Our Missouri Truck Accident Lawyers Handle
Rosenfeld Injury Lawyers handles many types of truck crash cases, including:
- The truck accident cases we handle include a wide range of truck types, which can affect liability and expected outcomes. Missouri roads receive a lot of commercial trucking traffic from semi-trucks, cargo trucks, and 18-wheelers. While truck accidents often involve larger trucks, that isn’t always the case.
- Our law firm works with victims experiencing all sorts of trucking accident personal injury types, from physical and emotional to wrongful death claims on behalf of victims’ family members.
- Some of Missouri’s roads are more prone to truck accidents, especially ones with a lot of commercial vehicle traffic. US Route 160, which travels from Tuba City, Arizona, to Poplar Bluff, Missouri, is listed as one of the most dangerous roads in the US for commercial truckers [1]. US Route 24, located right on the Missouri state line, is another high-risk road with a higher-than-average number of accidents.
- We handle cases where different parties can be held liable for the accident, including the truck driver, the manufacturer, the trucking company, other drivers on the road, and even Missouri’s city or state government for failing to maintain or repair the roads, leading to unsafe driving conditions.
The Most Common Causes of Truck Accidents
Truck accidents in Missouri can also occur due to a wide range of causes, with the following being some of the most common:
- Drunk driving or driving while under the influence – As much as 31% of all Missouri accidents are due to drunk driving [2].
- Distracted driving – An estimated 5,860 Missourians were injured due to distracted driving accidents in 2022 [3].
- Fatigued driving – While more difficult to prove, driver fatigue can be a top cause of accidents in the trucking industry.
- Failing to follow traffic laws – Missouri has specific traffic laws in place to protect both passenger-vehicle and tractor-trailer drivers.
- Unsecured cargo – Unsecured cargo can fall, causing drivers to quickly break, often leading to an accident.
- Improperly maintained truck equipment – Improper maintenance or repairs are the common cause of many truck accident cases.
- Faulty or unrepaired parts – Faulty parts can be harder to prove but can lead to severe tractor-trailer crashes.
- Lack of driver training – Commercial drivers with limited training may not respond to dangerous driving conditions as quickly, often leading to an accident.
The State Highway Patrol lists a total of 15,005 Missouri truck accident cases in 2022, which is slightly lower than the previous year [3].
What Is the Basis of Truck Accident Claims in Missouri?
Victims may be eligible to file a truck accident claim if they meet the following criteria:
- Duty of care – There must be proof that the truck driver, or whoever’s at fault, owed the injured victim a legal duty of care.
- Breach of duty of care – It must be demonstrated that the truck driver, or whoever’s at fault, breached that duty of care, usually through negligence.
- Causation – There must be a direct correlation between the truck incident and the victim’s sustained injuries.
- Actual damages – There must be proof of actual damages that can be recovered through a personal injury case.
Proving liability is a key factor in any Missouri trucking accident case. Determining it defines who to seek compensation from for your damages.
Who Is Held Liable in Missouri Truck Accident Cases?
While many initially blame the driver, many other parties can be held liable when a trucking accident occurs.
- Truck Driver – The truck driver may be to blame for an accident when they’re negligent. A few examples of driver negligence include driving under the influence or distracted driving. Truck drivers who knowingly ignore safety training or government or state regulations may also be to blame for serious accidents.
- Trucking Company – The company can also be held liable when a crash occurs. For example, if trucking companies require drivers to exceed daily driving limits, they may be responsible if driver fatigue leads to an accident. Trucking companies that ignore hiring standards or fail to verify a driver’s license may also be liable.
- Truck Manufacturer – Truck manufacturers may be at risk of a Missouri truck accident lawsuit if faulty parts or a poor truck design leads to an accident. When an accident occurs from faulty parts, it may be considered a product liability case.
- Government Agency – Government agencies may sometimes be liable when fire, garbage, or other city trucks are involved in accidents. Resolving cases involving government entities may have shorter time limits, so you’ll need an experienced truck accident attorney on your side.
Proving Fault in a Truck Accident Case
Proving fault is a key part of any commercial truck claim. Missouri truck accident lawyers can help injured victims and truck drivers prove fault with supporting evidence like witness statements, photographs and videos of the accident scene, and medical bills.
Missouri also practices contributory or comparative fault, which means it recognizes that multiple parties can be at fault when an accident occurs [4]. While the state allows injured victims to file a personal injury claim, even if they’re partially to blame, the amount they receive will be reduced by the percentage they’re found liable.
Since comparative negligence directly affects how much an injured victim receives in compensation, it’s important to choose an experienced Missouri trucking accident attorney who minimizes your liability as much as possible.
Trucking Company Regulations
Truck drivers and companies in Missouri are expected to follow both state and federal regulations, which include the following:
- All trucking industry professionals must follow state speed laws, which are 70 mph on rural freeways and 65 mph on interstate highways or freeways. Speed limits may also vary based on the specific Missouri road.
- All commercial motor vehicles that exceed 18,000 pounds must stop at weigh stations in Missouri.
- Commercial vehicles that exceed 36,000 pounds must be properly marked with the appropriate registrations.
- Trucks carrying hazardous materials in Missouri must follow all Federal Motor Carrier Safety Administration (FMCSA) hazardous regulations.
- All commercial truck companies must have an approved certificate showing they’re registered with the Missouri Motor Carrier Services (MoDOT).
- All trucks in Missouri must have adequate brakes, lighting, signaling devices, steering mechanisms, wipers, tires, and any other necessary safety equipment.
- Truck width, length, and weight vary, depending on the size and designation of the truck [5].
Trucking companies in Missouri are also required to carry sufficient liability insurance to cover victim injuries in the event of an accident. Missouri requires commercial trucks to have the following insurance coverages:
- $100,000 per person in injury or death liability coverage.
- $300,000 per accident for injury and death liability coverage.
- $50,000 property damage coverage per accident.
Additionally, a truck company carrying hazardous materials must have a policy that includes a minimum of $5,000,000 combined single-limit coverage. In addition to meeting the insurance requirements, all Missouri trucking companies must file proof of insurance with the Missouri Department of Transportation [6].
Missouri laws are regulated both at the federal (FMCSA) and local (MoDOT) levels. Additionally, the state is a member of the Commercial Vehicle Safety Alliance (CVSA), which means a truck driver must report any accident involving a fatality or damages exceeding $500. Trucking companies must file this report within 60 days of the accident.
It’s important to note that this isn’t a complete list of trucking regulations. If you were injured in a truck accident in Missouri and you believe the company didn’t follow any of these regulations, contact an experienced truck accident attorney at Rosenfeld Injury Lawyers to learn more about your options.
How Much Can Be Recovered in a Missouri Truck Accident Case?
There isn’t a set amount an accident victim can recover in Missouri. Instead, the settlement amount depends on many factors, like the severity of the accident and liability. Rosenfeld Injury Lawyers has successfully helped many victims recover the funds they deserve following serious truck accidents:
- We helped a victim recover $18,500,000 following a head-on semi-truck crash. The accident left our client with serious injuries that were permanent.
- Our law firm was also able to recover $14,100,000 for the family of a deceased motorcyclist who was injured by a tractor-trailer truck.
Serious truck crashes often lead to expensive, debilitating injuries, and we’ll work hard to get you the money you deserve, whether from the trucking or the insurance company.
Factors That Affect Truck Accident Settlement Amounts
The exact settlement amount you can recover following a truck accident depends on many factors, including the severity of your injury, damages, and who’s liable for the accident.
Serious injuries that impact a victim’s ability to work or enjoy life tend to pay higher than short-term impacts. The level of coverage available through the insurance company can also make a difference in how much you receive from a trucking accident claim.
Available evidence is another important factor that determines your settlement amount. It’s important to contact a truck accident lawyer in Missouri as soon as possible so they can preserve time-sensitive evidence.
You can rely on your law firm to collect evidence from the accident scene, insurance company, witnesses, medical records, and whatever else is needed in your specific case.
Truck Accident Victims and Injuries Suffered
The injuries from commercial or semi-truck accidents tend to be more serious than those obtained in passenger car accidents. Common severe injuries from a commercial truck accident can include the following:
- Semi or permanent disability
- Traumatic brain injury (TBI)
- Broken bones
- Chemical burns
- Loss of limb
- Death
Damages That Our Missouri Truck Accident Attorneys Can Help You Recover
Our law firm has years of experience in handling trucking accident cases and can help you recover the following types of damages:
- Past and future medical bills
- Pain and suffering
- Loss of wages
- Diminished earning potential
- Disability and/or disfigurement
- Property damages
- Loss of enjoyment
Trucking accidents can lead to even more damage than physical pain and suffering. You can rely on our law firm which has the skills and experience necessary to consider the many ways a truck accident can impact your life.
Truck Accident Wrongful Death Claim
Some trucking accidents can lead to fatalities. A Missouri City truck accident attorney can help the victim’s family recover previous medical expenses and funeral costs. A wrongful death claim can also help recover non-physical damages, like loss of companionship or parental support.
How Long Does Settling a Truck Accident Case Take?
The length of a trucking accident case depends on many factors, including liability and available evidence. On average, you can expect your case to take at least six months to resolve, and sometimes longer.
The best way to speed up the timeline to settlement is to hire a law firm specialized in trucking accidents as soon as possible. You need a lawyer willing to push back on the insurance company to give you the money you deserve and on a timely schedule.
How Much Does Hiring a Missouri Truck Accident Attorney Cost?
At Rosenfeld Injury Lawyers, we work on a contingency fee basis, which means you don’t pay anything unless we help you win your case. We will work hard to get you the money you deserve, and you won’t pass us a penny unless we’re successful.
Filing a Truck Accident Claim With Rosenfeld Injury Lawyers
Our MO personal injury attorneys can help you with each step of the following stages until your case is resolved:
- We offer a free consultation so you can see if you have a viable truck crash case
- We perform free case evaluation to determine the specifics of your case
- Our law firm begins collecting evidence from the time the accident occurred until present
- Our legal experts consult other experts, such as medical or equipment experts
- We negotiate with the insurance company to settle the compensation you deserve
- If needed, our law firm prepares your case to go to trial where we continue fighting for what you deserve
Contact a Missouri Truck Accident Lawyer Today!
Rosenfeld Injury Lawyers have successfully recovered millions of dollars for victims injured in commercial accidents. We offer a free consultation that allows you to explore your legal options with no financial obligation to us. You won’t pay anything until we recover the money you deserve. Call us now at (888) 424-5757 to schedule your free case evaluation.
Resources: [1] Freightech, [2] Bankrate, [3] Missouri State Highway Patrol, [4] Revisor of Missouri, [5] Missouri’s Commercial Vehicle Regulations, [6] Missouri Department of Transportation