What You Need to Know After a Semi-Truck Accident in Missouri

What You Need to Know After a Semi-Truck Accident in Missouri

A collision with a large commercial truck can be devastating. The sheer size and weight difference between a passenger vehicle and a semi-truck often leads to catastrophic consequences. If you or a loved one has been involved in a semi-truck accident in Missouri, you are likely facing a mountain of questions, stress, and uncertainty. The path to recovery can feel daunting, but you do not have to walk it alone. Understanding your rights and the steps you can take to protect your future is the first move toward regaining control.

Key Takeaways for Semi-Truck Accidents in Missouri

• Accidents involving commercial semi-trucks in Missouri are governed by a combination of state laws and complex federal regulations.
• Multiple parties, not just the driver, may be held responsible for the crash, including the trucking company, maintenance crews, and cargo loaders.
• Missouri law provides a specific time limit, known as the statute of limitations, for filing a personal injury lawsuit.
• Insurance companies for trucking corporations often have teams dedicated to minimizing the amount they have to pay on claims.
• Thoroughly documenting all injuries, medical treatments, and financial losses is essential for building a strong claim for compensation.

Why a Semi-Truck Accident in Missouri Is Different

A crash involving an 80,000-pound tractor-trailer is not just a bigger version of a standard car accident. The legal landscape is far more complex, and the stakes are significantly higher. From the busy stretches of I-70 connecting Kansas City and St. Louis to the rural highways across the state, these incidents require a unique understanding of the law.

Several key factors set these cases apart:

1. Complex Federal Regulations: The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA), which sets strict rules for everything from how long a driver can be on the road to vehicle maintenance standards. A violation of these rules can be a critical factor in determining fault.
2. Multiple Responsible Parties: In a typical car accident, you are often dealing with one other driver. In a truck crash, a whole network of companies and individuals could share responsibility. This can include the driver, the trucking company that employs them, the owner of the trailer, the company that loaded the cargo, and even the manufacturer of a faulty truck part.
3. Powerful Corporate Opponents: Commercial trucking is a massive industry. The corporations and their insurance carriers have vast resources and experienced legal teams whose primary goal is to protect their bottom line. They often begin their investigation within hours of a crash, working to limit their financial exposure.

Navigating this web of regulations and powerful interests requires a careful and knowledgeable approach to ensure your rights are protected.

Understanding Who Can Be Held Accountable

Determining who is at fault after a Missouri truck accident is one of the most critical steps. Because so many different entities are involved in getting a commercial truck from point A to point B, liability can rest with more than one party. An in-depth investigation often reveals a chain of events and decisions that contributed to the crash.

Some of the parties that may be held accountable include:

• The Truck Driver: Driver error is a common cause of accidents. This can involve speeding, distracted driving, fatigue from violating hours-of-service rules, or driving under the influence of alcohol or drugs.
• The Trucking Company: A motor carrier can be held responsible for its own negligence. This might include hiring drivers with poor safety records, failing to provide adequate training, encouraging drivers to break safety rules to meet deadlines, or failing to properly maintain its fleet of vehicles.
• A Maintenance Provider: If a third-party company was responsible for truck maintenance and failed to properly repair the brakes, tires, or other essential equipment, they could be held liable.
• The Cargo Shipper or Loader: When cargo is not loaded and secured correctly, it can shift during transit. This can cause the driver to lose control, leading to a jackknife or rollover accident, especially on the winding roads found in parts of the Ozarks.
• The Truck or Parts Manufacturer: In some cases, an accident is caused by a defective part, such as a tire blowout or brake failure. If a design or manufacturing flaw is to blame, the maker of that part could be responsible.

Identifying all potential sources of accountability is fundamental to ensuring you can seek fair compensation for the harm you have suffered.

Actions to Take After a Missouri Truck Wreck

After receiving immediate medical care and returning home, the actions you take can significantly impact your physical and financial recovery. The trucking company's insurance adjuster may contact you very quickly, sometimes even while you are still in the hospital. It is important to remember that their job is to resolve the claim for as little money as possible. Here is what you can focus on from the safety of your home.

• Prioritize Your Medical Treatment: Your health is the most important thing. Follow every piece of advice from your doctors, attend all follow-up appointments, and go to your physical therapy sessions. This not only helps your recovery but also creates an official record of your injuries and the treatment required.
• Keep Detailed Records: Start a journal to document your experience. Write down your daily pain levels, any physical limitations you are facing, and the emotional impact of the accident. Keep a file with all related paperwork, including medical bills, receipts for prescriptions, repair estimates for your vehicle, and any letters you receive from an insurance company.
• Preserve Any Evidence You Have: If you were able to take photos or videos at the scene, back them up in a safe place. Get the names and contact information of any witnesses. Do not get your vehicle repaired until it has been thoroughly inspected for evidence.
• Be Careful When Speaking to Insurers: You are generally required to report the accident to your own insurance company. However, you are not obligated to give a recorded statement to the trucking company's insurer. These statements can be used to twist your words and undermine your claim later. Politely decline and state that you will have a representative speak for you.

Taking these organized steps can help you build a solid foundation while you focus on the difficult process of healing.

The Clock is Ticking: Missouri’s Statute of Limitations

In Missouri, the law sets a deadline for how long you have to file a lawsuit after being injured. This deadline is called the "statute of limitations." For most personal injury cases, including a semi-truck accident, Missouri law gives you five years from the date of the accident to file a claim. 

If a family tragically loses a loved one in a crash, the deadline is different. A wrongful death claim must typically be filed within three years of the date of death.

While five years may seem like a long time, it is crucial not to wait. Key evidence needed to prove your case can disappear quickly.

• The truck’s "black box," or Electronic Logging Device (ELD), contains vital data about the truck's speed, braking, and the driver's hours on the road. This data is often recorded over after a short period.
• Trucking companies’ internal records, such as driver logs and maintenance reports, may not be kept indefinitely.
• Witnesses' memories can fade over time, making their testimony less reliable.

Starting the process early allows for a thorough investigation to preserve this critical evidence before it is lost forever.

What Kind of Compensation Can Be Pursued After a Semi-Truck Accident in Missouri?

A catastrophic injury can change every aspect of your life, from your ability to work and earn a living to your enjoyment of daily activities. The goal of a personal injury claim is to recover compensation, legally known as "damages," to help you cover the immense costs and losses caused by the accident.

Damages are typically grouped into a few categories:

1. Economic Damages: These are the tangible financial losses that can be calculated with bills and receipts. They include things like all past and future medical expenses, lost income from being unable to work, diminished future earning capacity if you cannot return to your previous job, and the cost of repairing or replacing your vehicle.
2. Non-Economic Damages: These losses are just as real but are not tied to a specific invoice. They are meant to compensate you for the human cost of the accident, such as physical pain and suffering, emotional distress, scarring or disfigurement, and loss of enjoyment of life.
3. Punitive Damages: In very rare situations where the at-fault party’s behavior was extremely reckless or intentionally harmful, a court may award punitive damages. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar conduct in the future.

Every case is unique, and the potential compensation depends entirely on the specific facts and the severity of the harm caused.

The Role of Insurance Companies and "Bad Faith"

After a serious truck accident, you would hope that the responsible party's insurance company would do the right thing and promptly pay for the damages. Unfortunately, that is not always how it works. Insurance carriers are for-profit businesses, and some may use questionable tactics to delay, deny, or minimize a legitimate claim.

By law, insurance companies have a duty to act in "good faith," which means they must investigate and pay valid claims fairly and honestly. When they fail to do this, it may be considered "Bad Faith." This is a highly complex area of law, but it is a powerful tool for holding insurers accountable.

Some examples of potential bad faith tactics include:

• Unreasonably delaying the investigation or payment of a claim without a valid reason.
• Offering a "lowball" settlement that is a fraction of what the claim is actually worth.
• Misrepresenting the facts of the accident or the terms of the insurance policy.
• Refusing to settle a case and forcing it to trial when liability is clear.

According to the National Highway Traffic Safety Administration (NHTSA), large trucks are involved in a disproportionate number of fatal accidents compared to their total miles traveled. When these tragic events occur, victims and their families deserve to be treated fairly by insurance carriers, and when they are not, there are legal avenues to challenge that behavior.

FAQ for a Semi-Truck Accident in Missouri

Here are answers to some common questions that arise after a collision with a commercial truck.

Your Path Forward Starts with a Conversation

The physical pain, emotional trauma, and financial strain after a semi-truck accident can be immense. But you have rights, and you have options. Taking the step to understand those options can be the beginning of your journey toward justice and recovery.

At Presley and Presley Trial Lawyers, our client-focused and results-driven team understands the complexities of catastrophic injury and wrongful death cases. We provide personalized and compassionate representation, treating you as our highest priority, not just another case number. Our firm has a track record of success in handling difficult cases, including those involving semi-truck accidents and insurance bad faith claims. We operate on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

If you or a family member has been impacted by a semi-truck accident in Missouri or Kansas, contact Presley and Presley Trial Lawyers today at 816.931.4611 or through our online form for a free, no-obligation consultation. Let us listen to your story and help you understand the path forward.