With an increasing amount of trucks on the road, the risk of being involved in a commercial truck accident rises. On a daily basis, you may pass commercial trucks, delivery trucks, tow trucks, or rental vehicles. If you have injuries from a truck accident, you might wonder who could be held liable because multiple factors may contribute to the incident.
According to the Missouri State Highway Patrol (MSHP), there were 5,427 total truck accidents in 2023, so truck accidents are relatively common. Our experienced truck accident attorneys at Hollis Law Firm are prepared to listen to your story and gather information so you can pinpoint the at-fault party and seek financial compensation.
Who May Be Responsible for Truck Accident Liability in Kansas City?
In addition to preserving evidence, writing down your side of the story, and following your doctor’s orders, it’s also imperative to figure out who to hold accountable for your injuries. Multiple parties could potentially be responsible for the incident, so you should take every detail of the accident into account. In commercial truck accidents, various entities may share responsibility for the damages incurred by victims. Possible liable parties for a truck accident include the following:
- Truck driver: If the driver of the semi-truck was driving recklessly, under the influence, or fatigued, they could be held liable.
- Employer of the driver: The trucking company that owns the truck may also be responsible if they fail to carry out proper maintenance on the vehicle or do not provide adequate training.
- Truck manufacturer: A defective part may have caused the accident. In this case, the manufacturer of that part would be held liable.
- Other drivers: Another driver may be responsible if they cause the truck to swerve or stop suddenly. Drivers of passenger vehicles can sometimes be at fault due to reckless driving behavior.
- Government agencies: If poor road infrastructure caused the accident, the local government entity responsible for the maintenance of the road could be held liable.
- Cargo loading crew: The team loading the cargo into a truck is responsible for ensuring the load does not shift in transit. They could be responsible for the accident if the cargo was loaded improperly.
Trucking company employees must adhere to safety regulations and legal standards to prevent accidents.
Please note Missouri is a fault state, meaning whoever is responsible for the accident must pay for the damages. Once the at-fault party has been identified, you can decide whether you want to file a claim with the responsible party’s insurance company or your own. Understanding truck accident liability is crucial in determining the right party responsible for the accident, ensuring that victims are not unfairly held liable for incidents they did not cause. Multiple parties can be at fault, and in that case, the jury would decide the percentage of fault and how much each party owes.
What Damages Can You Recover in a Truck Accident?
After identifying the at-fault party, you should also determine how much financial compensation you deserve for your losses. Every truck accident case is different, and the amount you might recover includes the following factors:
- Current and future medical bills
- Hospital bills
- Lost wages from missing work
- Future missed work
- Reduced quality of life
- Pain and suffering
- Emotional distress
Filing a truck accident claim is a critical step for victims seeking compensation for their medical expenses and personal suffering.
Because Missouri is a comparative negligence state, even if you are partially at fault for the accident, you may still recover losses. The judge may reduce your compensation based on your percentage of fault in the accident. Our dedicated truck accident attorney will fight for the maximum compensation you deserve.
Understanding Truck Driver Regulations
Truck drivers are subject to a complex set of regulations designed to ensure the safety of everyone on the road. These rules are crucial in preventing accidents and include several key areas:
- Hours of Service (HOS) Regulations: These rules dictate how many hours a truck driver can operate their vehicle within a specific timeframe. They are intended to prevent fatigue-related accidents by ensuring drivers get adequate rest.
- Commercial Driver’s License (CDL) Requirements: Truck drivers must obtain a CDL, which involves rigorous testing to ensure they have the necessary skills and knowledge to operate a commercial vehicle safely.
- Vehicle Inspection and Maintenance Requirements: Regular inspections and maintenance are mandatory to keep trucks in safe working condition and prevent mechanical failures that could lead to accidents.
- Cargo Securement Regulations: Properly securing cargo is essential to prevent it from shifting or falling off during transport, which could cause serious accidents.
Failure to comply with these regulations can result in severe consequences. Truck drivers who neglect these rules can be held liable for accidents caused by their negligence. Additionally, trucking companies may also be held accountable if they fail to properly train or supervise their drivers, or if they neglect vehicle maintenance.
Filing a Personal Injury Claim
If you have been involved in a truck accident, you may be entitled to file a personal injury claim to seek compensation for your injuries and damages. The process can be complex, but gathering the right evidence is crucial. Key pieces of evidence include:
- Police Reports and Accident Scene Photos: These documents provide an official account of the accident and visual evidence of the scene.
- Medical Records and Bills: Detailed records of your injuries and treatment are essential for proving the extent of your damages.
- Witness Statements: Testimonies from people who saw the accident can support your version of events.
- Evidence of Lost Wages and Other Economic Damages: Documentation of any income you lost due to the accident and other financial impacts.
It’s important to contact a truck accident lawyer as soon as possible after the accident. An experienced attorney can help you navigate the legal process, gather the necessary evidence, and ensure you receive the maximum compensation available for your claim.
Successful Case Results
Our law firm has a proven track record of success in handling truck accident cases. Here are some of our notable case results:
- $1 Million Settlement: Achieved for a client who was injured in a truck accident caused by a negligent truck driver.
- $500,000 Settlement: Secured for a client injured due to a defective truck part.
- $250,000 Settlement: Obtained for a client whose accident was caused by a trucking company’s failure to properly train its drivers.
These results demonstrate our commitment to fighting for the rights of truck accident victims and holding negligent truck drivers and trucking companies accountable for their actions. We strive to achieve the best possible outcomes for our clients, ensuring they receive the compensation they deserve.
Speak with an Experienced Truck Accident Lawyer at Hollis Law Firm in Kansas City
After sustaining injuries in a truck accident, you might find it difficult to determine who should be held liable for the damages. When a truck accident occurs, identifying the liable parties is crucial for victims seeking compensation. Our skilled attorneys are here to help you gather details and investigate your case so the appropriate at-fault party can be held accountable and give you the maximum compensation.
Truck accidents can have devastating consequences for victims and their families. If you have been involved in a truck accident, it is crucial to seek the help of an experienced truck accident lawyer as soon as possible. Our law firm has the knowledge and expertise to guide you through the complex process of filing a claim and to ensure you receive the maximum amount of compensation available. Contact us today to schedule a free consultation and take the first step towards getting the justice you deserve.
At Hollis Law Firm, we proudly serve the Kansas City area with award-winning legal services. No matter the complications of your truck accident, we are committed to listening to your story and alleviating some of your stress so you can focus on recovery. To schedule a free consultation, give us a call at (800) 701-3672 or fill out our contact form.
