Answers To Commonly Asked Questions About Missouri Truck Accidents
At Wilbers Law Firm, we have been helping Missouri’s injured for more than 60 years. We will help you through each step of your truck accident case, making sure you understand both your rights and your options.
Below are answers to frequently asked questions about Missouri truck accidents. If you have other questions, call our St. Louis office at 314-667-4586 to schedule a free consultation, or contact us online.
How long do I have to file a personal injury claim after a Missouri truck accident?
The statute of limitations (time you have to file) is typically five years from the date of the accident.
Who can I sue for damages if I was hit by a negligent truck driver?
This is a more complicated question because we must determine negligence and liability. So, the answer will depend on your specific circumstances. There are a few possibilities including the driver, if your injuries were a direct result of the driver’s negligence; the owner of the vehicle, if the vehicle was not adequately maintained; the owner of the freight; the driver’s employer if the driver was pushed to break laws to keep their job or schedule; or a third party.
Your case may also involve the driver and owner of another vehicle that may have caused the truck to react, resulting in the accident, or the manufacturer of the other vehicle if there was a defect that led to the collision or accident.
What types of damages can I pursue after a truck accident?
Again, what is pursued will depend on the details of the accident and your injuries. Typically, as with car accidents, we may pursue the costs of medical treatment and rehab, present and future damages, pain and suffering, and lost current and future income.
Why are truck accidents more complex than most Missouri car accident cases?
There are several reasons that injury claims from accidents with semis or commercial vehicles are extremely complicated:
- The most significant reason is injuries are typically more severe (or even fatal) in a collision between a car and a truck. Commercial drivers and the companies that employ them must therefore carry larger amounts of insurance.
- Commercial drivers must undergo more training and are held to different safety standards than other vehicle drivers.
- Many facets of evidence will be reviewed in a truck accident, including time logs, the police report, the truck’s maintenance and parts, accident reconstruction, the “black box” (or electronic control module called an ECM) that keeps track of a drivers driving time, the driver’s actions, any drug or alcohol use, and how much sleep that driver had as well as evidence that pertains to your particular accident.
Can I still file a personal injury claim if I was partially at-fault for the truck accident?
Most likely, yes. Comparative fault (based on the court case of Gustafson v. Benda) means that each driver will be assessed an amount of fault. The at-fault party must take responsibility. Your percentage of the fault (for example it may be 10% or 20%) will then be subtracted from the damages you are awarded. You are not eligible for compensation if you are determined to be more than 50% responsible for the crash.
Get Answers To Your Truck Accident Questions
We know you have questions about your specific accident. Give Wilbers Law Firm a call at 314-667-4586 or contact us online and have a conversation with a member of our legal team. Your initial consultation is always free.