Many truck accident victims have one pressing question after a wreck: When is the trucking company responsible for their injuries? The short answer is that trucking companies can often be held liable for another driver’s injuries when their negligence or the negligence of one of their drivers causes a crash. However, determining negligence and proving liability requires a thorough investigation by knowledgeable SEMO personal injury attorneys.
Catastrophic truck collisions may change your life in a split second when you’re driving along US-61, I-55, or another major route in Southeast Missouri. A massive semi-truck suddenly swerves into your lane, or an 18-wheeler smashes into your vehicle from behind.
Colliding with an 80,000-pound tractor-trailer often leads to devastating consequences for occupants of passenger vehicles. When the dust settles, you find yourself seriously injured, with a wrecked car, mounting medical bills, and an inability to work or care for your family.
But you don’t have to face this difficult situation alone. The experienced SEMO truck accident lawyers at Cook, Barkett, Ponder & Wolz have a track record of standing up to powerful trucking companies and insurance carriers to get injured victims the compensation they deserve. We’re here to help you get back on your feet.
Parties Potentially Liable for a Missouri Truck Accident
Anyone whose careless or reckless actions contribute to causing a truck crash may share liability for injuries to others. In a typical truck wreck case, potentially liable parties may include:
- The truck driver: The trucker may be liable if they violated traffic laws, drove while fatigued or distracted, operated the truck under the influence of drugs or alcohol, or were negligent in some other manner.
- The trucking company: A trucking company may face liability if its own negligence contributed to an accident. Examples include negligent hiring of unqualified drivers, inadequate driver training, failing to inspect and maintain trucks, pushing drivers to violate hours of service rules, and more. Trucking companies are also responsible for the negligent actions of employee drivers under a legal theory called respondeat superior.
- The truck or parts manufacturer: If a defective truck or component part causes an accident, the manufacturer may be liable under product liability law.
- The cargo loading company: A cargo loader that improperly secures freight, leading to a dangerous load shift or cargo spill that causes a crash, may face liability.
- A truck repair facility: If faulty repairs contribute to an accident, the shop that performed the work may share liability.
Of course, other motorists can also be responsible for causing a truck wreck. Their auto insurance would generally cover damages in those situations. However, trucking companies tend to have much higher insurance policies to compensate for the severe damage their vehicles can cause. Experienced SEMO truck accident attorneys will investigate your crash to identify all potentially liable parties.
Proving Liability in a Southeast Missouri Truck Wreck Case
Trucking is a heavily regulated industry, with state and federal rules governing nearly every aspect of truck operations. Federal Motor Carrier Safety Administration (FMCSA) regulations cover areas like driver qualifications, hours of service, vehicle maintenance and inspection, hazardous materials transport, and more. When trucking companies and drivers violate these regulations, leading to accidents and injuries, they can be held accountable.
SEMO personal injury lawyers prove liability in truck wreck cases by demonstrating that a trucking company, driver, or other party failed to act with reasonable care, leading to a crash and the victim’s injuries. Some important evidence for proving liability may include:
The police accident report.- Photos and video from the crash scene.
- Eyewitness statements.
- The truck’s “black box” data recorder.
- The truck driver’s logs.
- Truck inspection and maintenance records.
- Trucking company hiring and training records.
- Analysis from accident reconstruction experts.
- Medical records documenting the victim’s injuries.
The police accident report.An experienced Southeast Missouri truck accident law firm will know how to uncover and leverage key evidence to build a strong case against the trucking company and other liable parties.
Pursuing a Personal Injury or Wrongful Death Claim Against a Trucking Company
After a truck accident in Southeast Missouri, acting quickly will help protect your legal rights. Important evidence may disappear, and trucking companies will immediately send investigators to start building their defense. You can begin the process of pursuing the compensation you deserve by taking these steps:
Schedule a Free Consultation with a Truck Accident Law Firm
Reputable personal injury attorneys offer free initial consultations to review your case, answer your questions, and advise you of your legal options. Look for a local law firm with a strong track record in complex truck accident litigation.
Our office at Cook, Barkett, Ponder & Wolz is conveniently located across from the Osage Center and northwest of Southeast Missouri State University in Cape Girardeau. If you’ve been hurt in a truck crash in Cape Girardeau, Sikeston, Scott City, Poplar Bluff, or anywhere in Southeast Missouri, we’re here to help you get back on your feet.
Have Your Case Thoroughly Evaluated
Be wary of lawyers who make grandiose promises without investigating the facts of your case. A SEMO truck accident attorney will need to examine evidence like the crash report, medical records, and insurance policies to give an informed assessment of your claim’s strength and value. At Cook, Barkett, Ponder & Wolz, we put in the work to properly evaluate cases so clients know where they stand.
Your Lawyer Investigates and Builds Your Case
If you choose to move forward with a claim, your SEMO personal injury lawyer will then investigate to uncover critical evidence, identify liable parties, and craft a compelling case on your behalf. This may involve steps like:
- Sending spoliation letters to preserve key evidence like truck black box data.
- Reviewing police reports, medical records, and other documentation.
- Interviewing eyewitnesses.
- Examining the vehicles involved.
- Consulting with experts in fields like accident reconstruction, trucking regulations, and life care planning.
- Calculating your current and projected future losses to determine your case’s full value.
Negotiations with the Insurance Company
Once your attorney builds a strong claim, they’ll attempt to negotiate a fair settlement with the trucking company’s insurance carrier to get you the compensation you need to move forward with your life. Insurers will often make lowball settlement offers at first, hoping you’ll accept less than you deserve. That’s why it’s essential to have a skilled SEMO truck accident injury lawyer advocating for your interests.
Filing a Personal Injury or Wrongful Death Lawsuit
If negotiations with the insurance company stall and a fair agreement can’t be reached, your lawyer may need to file a personal injury or wrongful death lawsuit in Missouri courts. In truck accident cases, lawsuits are typically filed against the trucking company, truck driver, and other negligent parties.
Discovery
After your attorney files a lawsuit, the discovery process begins. During discovery, the parties exchange evidence and information relevant to the case. Your lawyer may take depositions (sworn out-of-court testimony) of the truck driver, trucking company representatives, and key witnesses. The trucking company’s attorneys will also want to take your deposition to hear your side of the story. Your attorney will be at your side to protect your rights.
Mediation
Before trial, the judge may order the parties to attempt to resolve the case through mediation. In mediation, a neutral third-party mediator facilitates settlement discussions in hopes of avoiding trial. Mediation provides another chance to negotiate a fair settlement, but your attorney will be prepared to go to court if necessary.
Trial
If your case doesn’t settle, it will go before a judge and jury for trial. The trial process involves jury selection, opening statements, witness testimony, evidence presentation, closing arguments, jury deliberation, and a final verdict. Having a law firm with experience trying truck accident cases can make all the difference in getting the outcome you deserve.
Although most truck wreck cases never make it to trial, our attorneys prepare every case as if it’s headed for the courtroom. Insurance companies know our reputation for being strong litigators who won’t hesitate to fight for our clients at trial. If the insurer won’t agree to a fair settlement, our skilled trial lawyers are ready to tell your story to a jury of your peers.
What is Spoliation of Evidence?
As part of the investigation process, we mentioned spoliation of evidence. What does that mean? Spoliation occurs when a party destroys, alters, or fails to preserve key evidence relevant to a legal claim. In the context of a truck wreck lawsuit, spoliation may involve a trucking company destroying or losing critical evidence like:
- The truck’s black box data recorder
- Driver logbooks or electronic logs
- Pre-trip and post-trip inspection reports
- Truck maintenance and repair records
- Bills of lading and other cargo documents
- Results of the truck driver’s drug and alcohol tests
This evidence can be crucial for proving negligence and liability in a truck accident case. Without it, injured victims may face significant challenges in getting the compensation they deserve.
That’s why it’s essential for your law firm to act quickly after a crash to preserve vital evidence. A spoliation letter formally demands that the truck company preserve all potentially relevant evidence and notifies them of the legal consequences of failing to do so.
If the trucking company destroys or loses key evidence after receiving a spoliation letter, it may face sanctions from the court, including monetary penalties or a ruling that the destroyed evidence would have been unfavorable to the company. In some cases, spoliation of evidence can lead to a default judgment in favor of the injured plaintiff.
Catastrophic Injuries in Truck Accident Claims
The overwhelming forces involved in a semi-truck collision frequently lead to catastrophic, life-altering injuries for people in passenger vehicles. Some common severe injuries in truck wreck cases include:
- Traumatic brain injuries
- Spinal cord injuries and paralysis
- Spinal disc herniations and nerve damage
- Crush injuries and organ damage
- Severe bone fractures
- Limb amputations and disfigurement
- Neck, back, and shoulder injuries
- Serious burns
- Facial injuries and dental trauma
These types of truck accident injuries often require extensive medical treatment, surgeries, rehabilitation, ongoing care, and time away from work. In the most tragic cases, families may lose loved ones to wrongful death. Working with a strong SEMO personal injury law firm can ensure you get fair compensation for all the physical, emotional, and financial harm you’ve suffered.
Compensation Available in Southeast Missouri Truck Wreck Cases
Under Missouri personal injury law, truck accident victims are entitled to compensation for the full extent of losses they suffer due to the negligence of a trucking company, driver, or another party. A knowledgeable SEMO truck accident lawyer can help you seek money damages for:
Economic Losses
- Hospital bills and costs of medical treatment
- Projected future medical expenses for ongoing care needs
- Lost wages from missed work during your recovery
- Loss of future earning capacity if you’re disabled
- Property damage to your vehicle
Non-Economic Losses
- Physical pain and suffering
- Emotional distress and mental anguish
- Disfigurement and scarring
- Disability and loss of enjoyment of life
- Loss of consortium with a spouse
Wrongful Death Damages
If you’ve tragically lost a spouse, parent, or child to fatal truck accident injuries, you may be entitled to compensation for losses like:
- Funeral and burial expenses
- Your loved one’s final medical bills
- Loss of the deceased’s income and benefits
- Loss of care, support, guidance, and companionship
- The family’s pain and suffering
How Long Do You Have to File a Truck Accident Claim in Missouri?
If you’ve been injured in a truck accident in Southeast Missouri, there are time limits for filing a legal claim. In Missouri, the statute of limitations for most personal injury lawsuits, including truck accident cases, is five years from the date of the injury. This means you have five years from the day of the crash to file a lawsuit against the trucking company, truck driver, or other responsible parties.
However, if a loved one died in a fatal truck wreck, the statute of limitations for a wrongful death claim is shorter. In Missouri, you generally have three years from the date of death to file a wrongful death lawsuit.
While these deadlines may seem like a long time, it’s never a good idea to delay taking action after a serious truck accident. Over time, critical evidence may be lost or destroyed, witnesses’ memories can fade, and the trucking company’s lawyers will be hard at work building their defense.
Contact Our Knowledgeable SEMO Truck Accident Attorneys Today
After a devastating truck accident turns your life upside down, Cook, Barkett, Ponder & Wolz can help you pick up the pieces and rebuild. We have a proven history of getting results for truck accident victims in Southeast Missouri communities like Cape Girardeau, Sikeston, Scott City, Poplar Bluff, and beyond.
Contact us today to schedule a free consultation and let us put our experience and resources to work for you. Call our Cape Girardeau office at 573-335-6651 or contact us online now.