Truck Crash Claims in Missouri: Why Legal Help Matters
Truck crash accidents are horrific events that can have catastrophic ramifications, especially serious truck accidents. If you have been seriously injured in a truck accident and it has wreaked havoc in your life, you will be understandably fearful and confused about the pain, suffering, fears and uncertainties regarding your health care costs and other financial consequences associated with a serious injury. Your road to recovery ahead is likely to be more complicated than you thought with unnecessary hurdles and pitfalls to navigate. You are not alone in this journey. You also will want to have an affordable and skilled personal injury attorney in Kansas City at your side to help you protect your rights. This guide that follows outlines reasons that explain and support the need and benefits of legal representation in Missouri truck accident cases.
Why Truck Accidents Are Different
Truck accidents happen in ways distinct from car accidents. Trucks are large and heavy vehicles. While a car has a weight of 3,000-4,000 pounds, a loaded commercial truck can weigh up to 80,000 pounds. Additional weight means additional force in a truck accident. Even a low speed accident with a truck, can break your bones or cause a traumatic brain injury.
In addition, Missouri has laws that specifically deal with truck accidents. There are numerous rules governing trucks. If a truck driver or company breaks truck laws, there will be greater consequences. Truck drivers have more restrictions on their driving than car drivers. For example, truck drivers have restrictions on hours of service. Truck drivers submit pre-trip safety inspections (including brake checks), tire inspections and maintain written records. When a truck driver or trucking company violates any truck laws, they can be held liable.
Common Causes of Truck Crashes
Many Truck accidents are caused by simple mistakes or simply because the driver was careless. A few of the common causes are:
- Driver Fatigue: Truck drivers are often driving long hours. A tired driver cannot react quickly enough.
- Speeding: A truck speeding can take longer to stop and it is a lot heavier than a car.
- Distracted Driving: A truck driver looking at their phone can only take a second to be distracted and a head on collision can happen accidently.
- Improper Loading: If the load is improperly loaded it can upside down or even lose the cargo.
- Poor Maintenance: A truck’s worn brakes or bad tires often are the cause for the crash.
Who Can Be Held Liable?
Truck crash claims are complex. More than one party can be at fault. Here are some people and companies who may be responsible:
- The truck driver
- The trucking company
- A cargo loader
- A truck repair shop
- A parts manufacturer
Each of these parties has insurance. Their insurance companies will try to pay as little as possible. That is why having a lawyer is so helpful.
What You Must Prove
To win your claim, you must show three things:
- The other party had a duty to drive safely.
- They failed in that duty.
- Their failure caused your injury.
This sounds simple. In reality, it takes hard work. Trucking companies will have lawyers and experts on their side. They may hide evidence or blame you. Your lawyer can collect records, interview witnesses, and build your case.
Steps to Take After a Truck Crash
If you are in a truck crash, take these steps:
- Call 911 right away. Get medical help.
- Get a police report.
- Take photos of the scene, if you can.
- Get names and contacts of witnesses.
- Do not talk to the trucking company’s insurer alone.
- See a doctor, even if you feel okay.
- Call a lawyer before you sign anything.
These steps can help protect your health and your rights.
How a Lawyer Can Help
Truck accident lawyers have the skill to handle these claims. Here are ways they help:
- Investigate the crash: They gather logbooks, camera footage, and truck data.
- Work with experts: They bring in experts to study the truck, road, and injuries.
- Talk to insurers: They handle all talks so you don’t get pressured.
- Calculate damages: They figure out what your claim is worth.
- Fight for fair pay: If needed, they will go to court.
With a lawyer, you can focus on healing while they focus on your case.
Damages You Can Claim
You can ask for money for many things. Here are common types of damages in Missouri truck claims:
- Medical bills
- Future treatment costs
- Lost wages
- Loss of future income
- Pain and suffering
- Emotional distress
- Property damage
Every case is different. A lawyer can help you in the legal process to understand what you may recover.
Missouri Deadlines for Filing
In Missouri, you have five years to file a claim. If someone died in the crash, the time limit is three years for a wrongful death claim.
If you miss the deadline, you lose the chance to get paid. Call a lawyer soon so you don’t run out of time.
How Insurance Companies Act
After a crash, insurance adjusters may call you. They may act friendly, but they work for the trucking company. Their job is to save money. They might:
- Offer a quick, low payment
- Ask you to record a statement
- Try to blame you
- Delay your claim
Never sign papers or take money without legal advice.
Why Quick Settlements Can Hurt You
Fast settlements may sound good. But they often do not cover long-term costs. Some injuries get worse over time. Once you sign a release, you can’t crash ask for more money. A lawyer can review any offer and tell you if it is fair.
Truck crash cases often deal with federal laws
Truck drivers and truck companies have to follow U.S. federal laws. Not their owner-operator rules. The laws include:
- Hours of Service rules (how many hours can a driver be on the road)
- Rules regarding inspections and repairs
- Rules regarding record-keeping
A lawyer that knows these laws can determine whether any of these rules were broken.
Choosing the Right Lawyer
Not all lawyers handle truck cases. Look for one who:
- Has experience with truck wreck claims
- Knows Missouri and federal laws
- Will meet you in person or by phone
- Works on a “no win, no fee” basis
A good lawyer will care about your well-being, not just your case.
Costs of Hiring a Truck Crash Lawyer
Most truck accident lawyers work on contingency. This means:
- No money upfront
- They only get paid if you win
- Their fee is a part of your settlement
Ask your lawyer to explain all fees before you sign anything.
What to Expect in a Lawsuit
If you file a claim, here is what usually happens:
- Investigation: Your lawyer collects evidence.
- Filing the claim: Legal papers are filed.
- Discovery: Each side shares evidence.
- Negotiation: Both sides may try to settle.
- Trial: If no deal is reached, your case goes to court.
Many cases settle before trial. But your lawyer should be ready to fight in court if needed.
Long-Term Impact of Truck Crashes
Truck crashes can change your life. You may face:
- Ongoing pain
- Lost ability to work
- Depression or anxiety
- Big medical bills
Getting fair payment can help you rebuild. You deserve respect and care during this hard time.
Frequently Asked Questions
1. How long do I have to file a personal injury claim for a truck accident in Missouri?
In Missouri, you have 5 years to file a personal injury claim. You have 3 years to file a wrongful death claim.
2. What if I was partly at fault? Will I still recover $$$?
Yes, Missouri is a “pure comparative fault” state. You can recover for your damages, but your damages may be reduced for your fault.
3. What if the trucking company claims they were not at fault?
If there is a dispute, your attorney will request the logs and truck data to determine what happened and who was at fault.
4. How much does it cost to hire an attorney for a truck accident?
Most attorneys work on a contingency fee basis. This means you will not pay unless you win!
5. Will I go to court?
You may or may not go to court. In fact, most claims settle and do not go to court. Your attorney will walk you through your case if you do go to trial to make sure you receive full justice.
Take Action Today
Truck crashes leave deep marks. You don’t have to handle the legal fight alone. A skilled Kansas City Truck Accident Lawyer can help you stand up to big trucking companies and insurers. Reach out today to talk about your case. Learn your rights and options. Get the help you deserve.
