Numerous parties might be liable for a commercial truck accident, depending on the circumstances. Since the trucking industry involves multiple companies that manufacture trucks, supply parts, operate trucks and trailers and service them, anyone from the truck driver to the manufacturer to a vendor that loads a tractor trailer can be responsible for someone’s injuries.
You should speak with skilled and knowledgeable truck accident lawyer if you have questions about a possible truck accident claim in St. Louis. If you have been injured, you may have a right to seek compensation. Truck accident cases are complex. Having an experienced legal team to guide you through the process improves your chance of recovering the money you need to cover your accident-related medical expenses and related losses.
Our St. Louis truck accident attorneys at Craig, Kelley & Faultless LLC offer a free consultation to answer your questions and help you understand whether you have a semi-truck accident claim.
Who Is Liable After a Truck Accident?
More than one party may be at fault for a person’s injuries in a truck accident. Sometimes, holding multiple people accountable is possible. For example, a truck driver might cause a crash by running a red light. But trucking company or other employer that hired the trucker might also be legally liable for hiring an unsafe trucker with a lengthy record of moving violations and crashes.
The parties commonly held liable in truck accident cases include:
- Motor carrier – A trucking company might be partly responsible for a crash if it doesn’t conduct a background check on a prospective truck driver. Inadequate training and supervision can lead to federal regulation violations or improper operating procedures. A motor carrier might also be liable for pressuring drivers to skip breaks or drive beyond the maximum allowed driving hours per day to meet unreasonable delivery deadlines.
- Truck driver – Driver error contributes to many semi-truck accidents. If the driver acted negligently and caused your injuries, the driver may be held liable. Examples of negligent acts can include speeding, disobeying traffic signals, changing lanes improperly, failing to check blind spots, and driving while impaired.
- Mechanic – A mechanic is responsible for maintaining trucks, replacing worn parts, and keeping the trucks in safe operating condition. A truck maintenance garage contracted by a trucking company might be liable for an accident if their mechanics didn’t perform proper maintenance or repairs, leading to a malfunctioning part or system that causes a crash.
- Truck owner – The motor carrier doesn’t always own the trucks used to transport cargo. The owner can face legal action if the truck doesn’t function correctly, leading to a crash while someone drives it. The issue might be a recalled part or worn brake pads the owner hasn’t replaced.
- Freight company – A freight company often loads cargo onto the semi-truck. Overloading the vehicle or improperly secure a load of cargo can cause items to shift or fall off the truck during transport, causing an accident.
- Manufacturer – A truck manufacturer or component manufacturer may be responsible for a defective component that contributes to a truck accident.
Evidence to Prove Negligence After a Truck Accident
You need strong evidence to support a truck accident lawsuit. Every case has unique facts and requires different evidence, depending on the circumstances. An attorney who has experience handling complex truck accident cases will know the type of evidence to seek.
Many truck accident claims involve the following types of evidence:
- Accident scene evidence – A police officer will respond to the scene and investigate any truck accident involving a significant injury. A copy of the accident report can offer insight into the cause of the collision and who is liable. Eyewitness statements can establish a timeline of events leading up to the crash to determine who is liable. Photos of the scene can also help by documenting road debris, vehicle damage, and other relevant information.
- Dashcam footage – Many semi-trucks have dashcam recorders to monitor the driver and the activity on the road ahead. The footage can reveal what the trucker did in the minutes and seconds before the crash and whether the driver’s actions contributed to the crash.
- Truck driver logs – Truck drivers must maintain logs with specific details about their activities such as the hours they are driving and when they take rest breaks. A log might establish negligence by showing an hours-of-service violation.
- Toxicology report – Although illegal, some drivers consume drugs or alcohol before operating commercial trucks. A chemical test can determine whether the driver had an illegal or intoxicating substance in their system that contributed to a crash.
- Employment records – The trucker’s employment records can determine whether they had completed adequate training and certification requirements to operate a semi-truck. Driving a tanker truck for example requires additional certification beyond a standard commercial driver’s license. The employment records might also show previous traffic violations and accident history.
- Load manifest – An overloaded truck can create challenges for the truck driver and compromise the semi’s braking ability. Improperly secured cargo can throw the vehicle off balance or cause a tire blowout from the additional weight.
- Maintenance and repair records – Truck maintenance and repair records might reveal a faulty part or truck that did not receive adequate routine maintenance at the required service intervals.
- Event data recorder (EDR) – An EDR automatically records and stores information in the seconds before, during, and after a collision. The data might show that the truck driver didn’t brake to avoid the accident. That might mean the driver was distracted or had fallen asleep at the wheel.
What If I Was Partially at Fault for the Truck Accident?
Pure comparative negligence would apply to your lawsuit if you were partly responsible for the truck accident. It allows a jury to apportion compensation based on each party’s fault for a truck accident.
If a court find you partially at fault for a truck accident, any compensation you are awarded by a jury would be reduced proportionately by your percentage of fault. That means you will recover less
Damages in a Truck Accident Claim
When filing a truck accident lawsuit, an injured person in St. Louis can seek compensation for the following types of expenses and losses:
- Medical expenses
- Lost Wages
- Future medical expenses associated with the injury
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress
- Lost earning capacity
- Property damage
Get in Touch with a St. Louis Truck Accident Attorney to Help with Your Case
Craig, Kelley & Faultless LLC represents truck accident victims in St. Louis and throughout the Midwest. Founding partners David Craig and Scott Faultless are among fewer than 100 lawyers nationwide who have attained board certification from the National Board of Trial Advocacy in commercial truck accident litigation. We are proud of the reputation we’ve built in more than 20 years of law practice, both inside and outside of the courtroom. Our case results have earned us recognition, such as have multiple attorneys listed in The Best Lawyers in America® 2023, being named to the U.S. News-Best Lawyers list of “Best Law Firms,” being given the Litigator Award, and having an AV Preeminent® rating from Martindale Hubbell legal directory. We also are committed to giving back by sponsoring numerous charitable organizations in the communities we serve.
If you sustained injuries in a truck accident due to someone else’s negligence, call us at (800) 746-0226 for a free consultation with an experienced truck accident lawyer.
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