Truck accidents are often catastrophic, leaving victims physically injured with expensive medical bills. If you were hurt in a Missouri truck accident, you could be entitled to compensation for your losses. However, your recovery could be contingent not only on how you file your claim but who it is filed against.
Determining Liability After a Missouri 18-Wheeler Accident
A truck accident attorney will perform an intensive investigation of the accident and its circumstances to identify potential defendants. There may be many factors to consider.
Factors When Assessing Liability
- The cause of the accident
- The semi-truck driver’s action
- The trucking company’s internal policies, practices, and safety history
- Whether the truck driver is an employee of the company or an independent “owner-operator”
Possible Defendants After a Missouri Truck Accident Injury
People often believe that filing a claim after a truck accident is similar to filing a claim after an ordinary automobile accident. However, semi-truck collisions are usually more complicated. While the driver’s negligence may have contributed to the crash, they may not be the only party at fault. If another party’s wrongdoing facilitated the accident, you could hold them accountable, too.
Truck Accident Defendants May Include:
- The truck driver
- The trucking company
- A product shipper
- The vehicle manufacturer
- An automotive parts maker
The Importance of Choosing the Right Defendant
Choosing the right defendant(s) maximizes your chances of getting the financial recovery you need and the legal justice you deserve. However, the transportation industry is anything but fair. When you initiate a claim against the truck driver’s insurance company, they might use delay tactics, refuse to negotiate in good faith, or refuse to compensate you for long-term expenses. Even if the adjuster is willing to negotiate, the driver’s coverage might be inadequate.
If you try to file a claim against another party—the trucking company or an automobile manufacturer—they will likely try to deny liability. They might blame the driver or someone else.
Your Missouri truck injury attorneys can help determine who should be held liable for your accident. We can build a compelling, evidence-based case to demonstrate their wrongdoing and improve your odds of a favorable settlement.
Possible Damages After a Missouri Semi-Truck Injury
Unlike some states, Missouri does not cap the damages you could receive after a serious semi-truck injury. Because semi-truck accidents often end with catastrophic damages, you could receive as much money as you need to pay off your existing medical expenses and account for your long-term needs. If you have been disabled, or require assistive services, your attorney may consult expert medical planners to create a recovery roadmap and estimate the costs.
You Could Be Compensated For
- Past, present, and future medical expenses
- Physical rehabilitation
- Prescription medication
- Lost income
- Lost vacation time
- Emotional pain and suffering
- Loss of enjoyment
- Disability
- Disfigurement
The Missouri Statute of Limitations for Truck Accident Cases
If you have been injured in a Missouri truck accident, you have to act fast: Missouri has a strict statute of limitations that could prevent you from filing a personal injury claim if you wait.
In Missouri, truck accident victims have five years to file a claim for compensation. While this might seem like a long time, evidence can get lost or degrade. If you do not have an attorney who can issue preservation orders, the trucking company and other potential defendants could even destroy evidence of their wrongdoing.
Have You Been Injured in a Missouri Commercial Truck Accident?
If you’ve been injured in a Missouri truck accident you should speak with an experienced truck accident lawyer as soon as possible. Please feel free to contact us online or call our office directly at 314.470.4928 to schedule a free consultation. We help pedestrian accident victims throughout the state of Missouri including Columbia, Springfield, Kansas City, St. Louis, Kirksville, and Cape Girardeau.
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