When a truck driver engages in negligent behavior and causes an accident, it doesn’t mean your accident will become a criminal matter. Even if misdemeanor or felony charges are brought by the state, you will still need to contact a personal injury attorney with experience in Missouri commercial truck cases to handle the civil case.
Your Personal Injury Case After a Truck Crash
A criminal case may be lodged against the at-fault truck driver in particularly egregious situations. For instance, criminal charges may be filed in a hit and run, if the trucker was driving under the influence of alcohol, or if the crash resulted in a fatality. The victim in a personal injury case cannot file a criminal complaint against the negligent truck driver. Only the state or federal authorities can bring that sort of charge against a driver.
While the punishment from a criminal trial may deter others from the same type of negligent driving behavior, it doesn’t help your monetary recovery. Instead, a civil case may play a major role in recovering damages after a truck crash.
Differences Between Criminal Charges and a Civil Lawsuit After a MO Truck Wreck
There are important distinctions between criminal and civil truck accident cases. For instance, the prosecutor needs to provide evidence of guilt “beyond a reasonable doubt” in a criminal trial. The burden of proof instead shifts to a “preponderance of evidence” in a civil case. Essentially, that means the jury must be convinced it is at least 51% likely the at-fault driver (or some other party) caused your accident, is liable for your damages, and owes you compensation.
To meet this burden of proof, you need a qualified attorney to investigate all relevant details of the truck crash and then present that information to a jury.
How an Attorney Will Fight for Your Legal Rights
- Hiring an accident reconstructionist
- Looking at employment logs such as hiring and training data and disciplinary actions
- Reviewing medical documentation that shows when the injury occurred and how it has impacted your overall life
- Looking at photos taken at the scene of the accident
- Going over the police report
- Listening to the truck black box data
- Taking testimony from eyewitnesses
- Securing video footage from dashcams or nearby security cameras
Potential Damages to Recover From a Missouri Truck Accident Case
It is crucial to have an experienced Missouri truck accident lawyer for the best chance at recovering fair compensation. A skilled attorney can help with unscrupulous tactics used by insurance adjusters and their attempts to reduce or deny your settlement. Your legal representative can also help by explaining the key differences between a truck and standard passenger car crash. An attorney is particularly critical in truck accident cases because you will likely need to send a demand letter to ensure that important employment documentation from the trucking company is preserved.
Potential Damages
- Bills for any medical expenses related to the truck accident such as the ER visit, time spent in the hospital, medications, and/or surgeries.
- Lost income during the time you were recovering from the truck crash injury. Some lawsuits involving long-term disability may also include other elements like lost earning potential if you have to find a new job or leave the workforce entirely.
- Non-economic damages that don’t have an obvious associated cost. These can include physical pain, emotional suffering, and other negative effects on your life’s overall quality.
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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