The latest available data points to an average of seven fatalities in trucking accidents in St. Louis, MO a year. [1]
Truck accident claims are complex, as there can be multiple defendants and mitigation factors presented by the truck driver, the trucking company, and others who may be liable for your injuries, who are often from different states.
The St. Louis truck accident attorneys of our law firm have vast experience in navigating the complexity of these matters. Read on to find out more about all the ways we can help you secure the compensation you deserve after you or a loved one have been involved in a truck accident.
Why File a Truck Accident Claim With Rosenfeld Injury Lawyers
Hiring an experienced truck accident attorney to help you with your claim can contribute to a less stressful recovery period. Your only job should be to focus on recovering from the injuries you sustained.
It can make it more difficult to recover if you’re tasked with worrying about medical bills, dealing with the insurance company, and attending all of your necessary appointments, all while being financially strained due to being away from your job.
Here are all the ways that our truck accident law firm can help you protect your legal rights and best interests after a truck crash in St. Louis:
- We will communicate with the insurance company and other defendants on your behalf
- We will explain how you should document your truck accident injuries, experiences, and medical care
- Our experienced truck accident attorneys will help you gather and preserve evidence so that you receive fair compensation
- We will locate and work with the experts needed to support your truck accident claim
- Our experienced truck accident lawyers will pursue compensation that covers expenses caused by the accident and your potential future needs
Call us today to secure strong legal representation with a truck accident lawyer from our team!
What to Do After a Truck Accident in St. Louis
Here are some things that victims of truck accidents should do to maximize the outcome of their claims:
- Call 911 – Trucking accidents often cause serious injuries and anyone involved should seek immediate medical attention, even if it doesn’t seem like they’re injured. The arrival of law enforcement to investigate the scene will also create a report, which is integral evidence in truck accident cases.
- Exchange insurance coverage information with truck drivers and any other parties involved – Just like in any other sort of crash, all parties should exchange insurance coverage information and pertinent personal information essential when filing a personal injury lawsuit. You could use your smartphone to photograph the insurance card and identification of each party.
- Document as much of the scene as you can – If possible, use your smartphone to take photos of the accident scene, weather, any road construction signs or equipment, the semi-truck, other vehicles, pieces of vehicles in the roadway, and the injuries.
- Contact your insurance provider to report the truck accident in St. Louis – When you’re on the phone, do not admit to any fault. Before you’re interviewed by the insurance company, talk with a professional truck accident attorney.
- Schedule a consultation with a truck accident attorney – They have the experience and understanding of the state and federal laws related to this type of claim and can help you navigate the legal process.
The Cost of Hiring a St. Louis Truck Accident Attorney
Our St. Louis truck accident lawyers work on a contingency basis. We don’t get paid if we can’t successfully negotiate or litigate your claim. If we’re successful, we receive an agreed-upon percentage of the compensation. This provides the victims of semi-truck accidents with several benefits, such as:
- Access to legal representation when you need it most – We don’t get paid unless we win, nor do we charge any up-front legal services fees.
- No financial surprises – The percentage we will collect from your claim will be communicated to you in advance.
- An advocate for your legal rights – Our experienced St. Louis truck accident lawyers can help you pursue compensation by providing reliable and transparent service while you focus on recovering from your injuries.
The Time You Have to File a Truck Accident Claim
Semi-truck accident victims have a limited amount of time to pursue their legal rights governed by the state’s statute of limitations. In Missouri, people who have suffered in commercial truck accidents only have five years from the date of the accident to file their claim.
It is important to note that this type of accident may include other types of claims, such as:
- Wrongful death – Three years from the decedent’s death
- Product liability – Five years from when the injury was obtained
While the above time frames seem generous, considering the complexity of resolving accidents involving trucks, you should contact us as soon as you possibly can to ensure the best possible outcome for your case.
The Damages That Our St. Louis Truck Accident Lawyers Can Help You Recover
There are many types of damages you may receive in a trucking accident claim, including:
- Medical Expenses – Compensation for current and future medical bills related to injuries sustained in the truck accident.
- Property Damage – Reimbursement for the repair or replacement of your vehicle and other personal property damaged in the accident, or compensation for the decreased value of the damaged property.
- Lost Wages – Recovery for income lost due to time off work during recovery, as well as potential future earnings.
- Pain and Suffering – Compensation for physical pain, emotional distress, and diminished quality of life resulting from the accident.
- Scarring and Disfigurement – Compensation for permanent physical disfigurement or scarring.
- Emotional Distress – Compensation for psychological trauma, anxiety, depression, or other emotional distress.
- Loss of Enjoyment of Life – Damages for the loss of ability to engage in activities and hobbies.
- Out-of-Pocket Expenses – Reimbursement for miscellaneous accident-related expenses.
- Punitive Damages – Rarely awarded, meant to punish the at-fault party for gross negligence or intentional misconduct.
Who Is Held Liable in Truck Accident Cases
Liability is a complicated matter in St. Louis truck accidents. There can be many entities that may be partly liable to different extents, such as:
- The driver of the truck – Commercial truck drivers are required to follow the usual road rules. They must also follow state and federal regulations that affect the trucking industry. If truck drivers don’t operate the vehicle as legally required, they may be at least partly liable.
- Trucking company – For example, under federal law, truckers may not operate large commercial vehicles for more than 11 hours each day. Yet, many trucking companies push their drivers to stay behind the wheel. The company may also be liable if they were responsible for keeping their semi-trucks maintained and failed to do so.
- Truck manufacturer – If a manufacturer doesn’t produce a safe vehicle, they may be at least partially liable for the trucking accident.
- Parts manufacturer – If truck components contributed to the car accident, their manufacturer may be held liable.
- Maintenance provider – Not all trucking companies keep the maintenance of their vehicles in-house. The person or company with the maintenance responsibility may hold some liability if there was negligence in the upkeep of the vehicle.
- Certain government agencies – Truck accidents in St. Louis can include all types of large commercial vehicles, not just a semi-truck. They happen with local delivery trucks, trucks providing services on behalf of the city, county, or state, such as garbage trucks, in which cases the government agency contracting them can be held liable.
- Other drivers – For example, in cases of another driver’s distracted driving that caused them to suddenly brake, commercial truck drivers may be unable to stop or slow down their vehicles to avoid a collision.
Proving Fault in a Truck Accident Case
Victims of St. Louis truck accidents have the burden of proving negligence through a variety of evidence against truck drivers, the trucking company, or anyone else who may have caused the incident. Such evidence includes:
- The police report
- Information about the owner of the truck, whether it’s a corporate entity or the truck driver
- Facts regarding the conditions of the crash, such as road conditions, construction, and weather.
- Information from witnesses
- Black box data from the truck
- Medical records
Additionally, proving fault in a trucking accident case in Missouri is subject to the state’s comparative fault, which refers to more than one person being responsible for the accident.
For example, if there were only two people involved in the claim, one person may be more at fault than another. Maybe they are 80% at fault and the other party is 20% at fault. If the victim is 20% at fault, they may still qualify for compensation. However, the amount they would receive would be reduced by 20% since that is the amount of fault they hold.
Types of Cases That Our St. Louis Truck Accident Attorneys Handle
The experienced lawyers of Rosenfeld Injury Lawyers can help you if you were involved in a truck accident in St. Louis of any type, such as:
- Rear-end collisions
- Jackknife crashes
- Side collisions
- Head-on collisions
- T-bone accidents
- Multi-vehicle accidents
The Most Common Causes of Truck Accidents
The most common causes of truck accidents in St. Louis include:
- Driver fatigue
- Distracted driving
- Improperly loaded cargo
- Poorly secured cargo
- Speeding
- Reduced visibility
- Tire blowouts
- Incorrect or unperformed maintenance
- Product defects
- Reckless or aggressive driving
- Inexperienced or poorly trained drivers
What Is the Basis of Truck Accident Claims
Negligence is the backbone of a successful claim. The person bringing the claim must prove negligence by meeting these four basic elements:
- There was a legal duty owed
- There was a breach of that legal duty
- The breach was the immediate cause of the accident
- An actual injury and/or property damage occurred due to the breach of duty
How Much Can Be Recovered in a Truck Accident Case
Determining how much compensation you could receive involves weighing in a variety of factors that greatly differ from case to case.
As a reference, we have secured compensation of over $18 million for a client who was left with limited mobility after the accident occurred.
Factors That Affect Truck Accident Settlement Amounts
When settling with the insurance company, trucking company, or other liable parties, there are several factors that can affect the amount you receive, such as:
- Past and future medical expenses – As a simple example, someone who experienced mild or serious injuries and fully recovered, may receive less compensation than a victim who is permanently disabled and needs future medical care.
- Current and future income – Most truck accident injuries are so serious that victims cannot work during their recovery. Some may no longer be able to work at all. A victim’s ability to work following a commercial truck accident and its effect on their finances can make them eligible to receive past and future lost wages.
- Severity of injuries – You may be entitled to additional money based on how badly injured you were. This may include scarring and disfigurement, amputation, crushing injuries, or other serious or severe injuries.
- Emotional or psychological trauma – Victims suffering from emotional or psychological trauma because of the trucking accident could receive financial damages.
- Property damage expenses – Semi-trucks can cause extensive property damage. Property damage caused by truck accidents may included in your claim.
- Loss of enjoyment of life – Truck accidents can create a long road to recovery, which often includes the inability to be involved in your regular activities and your hobbies. This factor may be included in the consideration of financial damages owed to you.
- Policy coverage limits – The trucking company or any other party involved might have limited coverage that can affect the total financial compensation you can collect.
Truck Accident Victims and Injuries Suffered
Some of the most common truck accident injuries include:
- Traumatic brain injuries
- Injury to the spinal cord
- Broken bones
- Crushed pelvis, legs, or arms
- Serious back or neck injuries
- Amputation of limbs
- Scarring and other disfigurement
- Death
Truck Accident Wrongful Death Claim
This is a claim that certain members of the victim’s family, the estate executive, or the next of kin can file. The ability to file this type of claim is extremely valuable because it helps the family recoup some of the financial strain created by the wrongful death as well as attempts to compensate them for their loss.
Some of the financial damages that may be available in a wrongful death claim include loss of consortium, or damages awarded to the spouse or family members for the loss of companionship, support, and services, as well as damages to compensate funeral expenses and emotional toll in case of a fatality.
How Long Does Settling a Truck Accident Case Take
Settling this type of claim often takes less time and is less expensive than going to trial. However, because of the complexity of these claims, they do take over six months on average. Some of the factors that impact the time it takes to settle a trucking accident claim include:
- Knowledge of settlement negotiation procedures
- Reviewing and analyzing the facts of the case while also considering all of the expenses incurred
- Determining fault
- Engaging with insurance companies, legal teams, and defendants
- Scheduling and attending mediations and settlement conferences, among other potential meetings, such as a potential deposition
- Whether the case will go to trial or not
The best way to expedite the process and ensure the best possible outcome is to hire a Missouri truck accident lawyer who has the necessary experience to protect you and look out for what’s in your best interest.
Contact a St. Louis Truck Accident Lawyer Today!
With millions secured in compensation for victims and their families, Rosenfeld Injury Lawyers are here to help you if you or someone you love was hurt or tragically killed in a St. Louis truck accident. We provide free consultation and work on a contingency fee. Reach out at (888) 424-5757 now to get the process started so that you know you have someone protecting your legal interests!
Resources: [1] Missouri Coalition for Roadway Safety