Was your loved one killed in a semi-truck accident in St. Louis, MO? You should not have to bear the financial burden of the sudden loss of your loved one. If someone else was at fault, you may be entitled to file a wrongful death claim and pursue compensation for medical bills, funeral expenses, pain and suffering, and other losses your family has suffered.
The St. Louis truck accident attorneys at Craig, Kelley & Faultless LLC have the necessary skills and experience to help you hold the at-fault party accountable for their negligence or misconduct. Contact us online or call us at (314) 367-2661 for a free consultation to discuss your case.
Fatal Truck Accident Statistics in Missouri
Truck accidents are on the rise in the United States. According to the National Safety Council (NSC), 5,005 large trucks were involved in deadly accidents in a recent year. Large trucks made up 10 percent of all motor vehicles involved in fatal traffic accidents.
According to the NSC, most fatalities resulting from truck accidents are passengers of other vehicles. Occupants of passenger vehicles made up 71 percent of all truck accident deaths, while truck occupants made up just 18 percent of all fatalities.
In Missouri, 135 people were killed in accidents involving large trucks in a recent year, according to the National Highway Traffic Safety Administration. Most of those who suffered fatal injuries were occupants of small vehicles.
Deaths Caused by Truck Accidents in St. Louis
Some form of negligence causes most tractor-trailer accidents. The truck driver is often at fault, but other parties can contribute to a crash. This negligence often leads to fatal semi-truck accidents.
Some of the most common causes of truck accidents in the St. Louis area are as follows:
- Distracted driving – Distracted driving occurs when drivers get distracted by something other than driving. Common examples of distracted driving include texting, talking on the phone, eating and drinking, personal grooming, daydreaming, adjusting the navigation system, and other distractions. Any activity that causes a driver to take their hands off the wheel, eyes off the road, or attention off the task of driving can result in a fatal truck crash.
- Drunk or intoxicated driving – Alcohol and drugs can impair a driver’s concentration, reaction time, and judgment. Even some over-the-counter medications, such as those with sedative properties, can impair driving ability. Drunk or drugged truck drivers can cause serious truck crashes.
- Truck driver fatigue – Truck drivers work long hours. The longer a truck driver spends on the road, the more likely the driver is to get tired and cause a crash. Truck drivers are bound by the Federal Motor Carrier Safety Administration’s (FMCSA) hours of service limits. However, sometimes trucking companies pressure drivers to violate these regulations and drive while dangerously fatigued. Fatigue can impair the driver’s ability to judge and react promptly to traffic situations.
- Speeding or aggressive driving – Truck drivers work on strict deadlines. Many drivers fear losing their jobs if they do not make their deliveries on time. Some truck drivers speed or drive recklessly because of the immense pressure trucking companies place on them. Other common reckless driving behaviors include tailgating, making unsafe lane changes, and failing to yield the right-of-way.
- Inexperienced drivers – Sadly, some trucking companies hire inexperienced drivers. This has become more common as truck driver shortages have increased. Trucking companies may fail to provide adequate training to new drivers. This can have fatal consequences. Inexperienced and improperly trained drivers may not be as familiar with operating a large truck, particularly in hazardous conditions such as inclement weather or heavy traffic. Inexperienced drivers are more likely to cause deadly truck crashes.
- Unsecured cargo – Sometimes, unsecured or improperly loaded cargo can cause a deadly truck accident. If cargo shifts inside a truck’s trailer, it can throw off a truck’s center of gravity and cause an accident. If the trailer has an open bed, unsecured cargo could fall off the truck’s trailer and cause fatal accidents involving other vehicles.
- Mechanical defects – Occasionally, mechanical defects are to blame for a deadly truck crash. For example, if a truck’s brakes are out of adjustment and malfunction, the truck driver may lose control of the truck and cause a fatal collision.
If your loved one was killed in a fatal truck accident in St. Louis, a seasoned personal injury attorney can help you determine what caused the accident and which parties can be held financially accountable through a wrongful death claim.
Wrongful Death Truck Accident Liability in St. Louis
Determining who is liable for a truck accident is more complex than a typical passenger vehicle crash. When a regular car accident happens, liability is usually limited to the vehicles’ drivers. However, several parties may be held liable for a truck accident. This requires a comprehensive investigation to determine who is at fault. The potentially liable parties in a commercial truck accident include:
- The truck driver – The truck driver may be primarily at fault in a fatal truck accident. The truck driver may be liable if the driver was negligent in some way. Common examples of truck driver negligence include speeding, tailgating, making improper lane changes, distracted driving, and driving while impaired.
- The trucking company – Trucking companies have an extensive list of responsibilities. They must hire experienced drivers, provide them with sufficient training, properly maintain and inspect vehicles, and prevent drivers from working too many hours. If the trucking company fails to uphold its obligations, it could be partly responsible for the accident. For example, trucking companies sometimes neglect regular maintenance to save money. If their negligence contributes to a deadly crash, the trucking company could be liable.
- Maintenance companies – If the trucking company outsources maintenance and inspection obligations to a third-party company and that company fails to fulfill its duties, the truck maintenance company may be held liable for an accident.
- Cargo loaders – If the fatal truck crash occurred because of unsecured or improperly secured cargo, then the cargo loaders may be liable for compensating you and your family for your losses.
- Defective part manufacturers – If the truck crash resulted from a defective part, such as a bad trailer hitch, the designer or manufacturer of the part could be held responsible for the accident.
To prove liability, you’ll need to be able to show that the driver or another party was negligent and that their negligence contributed to the fatal accident. For instance, if the truck driver was talking on the phone while driving, you and your attorney could use surveillance footage or cell phone records to prove that they were on a call at the time of the crash.
You’ll also need to show how the at-fault party’s negligence directly resulted in your loved one’s death.
What Compensations Can I Seek in a Fatal Truck Accident Lawsuit?
If your loved one was killed in a truck accident, you could pursue compensation from the at-fault party through a wrongful death lawsuit. Through a wrongful death action, you may demand compensation for different types of losses, such as:
- Medical expenses incurred by your loved one before their death
- Lost income due to your loved one’s passing and future lost income
- Loss of consortium, companionship, care, love, and guidance
- Loss of domestic or household services
- Funeral and burial expenses
- Pain and suffering, including loss of quality of life, emotional trauma, and mental distress
In special circumstances, you and your loved ones may be entitled to pursue punitive damages. Punitive damages are designed to punish the liable party or parties for intentionally harmful acts or outrageous disregard for the safety of others. An experienced truck accident attorney can help you determine what types of compensation you and your family may be eligible to seek.
Will My Trucking Accident Case Go to Trial or Will It Settle?
Most truck accident wrongful death cases settle out of court. Proceeding to trial is expensive and time-consuming for all involved. Both sides have some incentive to settle before a case reaches trial.
However, if the insurance company representing the truck driver or trucking company refuses to agree to a reasonable settlement, you may need to go to court to seek justice. A truck accident attorney can help you determine the best course of action.
Why Hire a Truck Accident Attorney?
Truck accidents are complex, and it is next to impossible to amass the resources to investigate the accident on your own. Gathering evidence to determine liability can be challenging, as can managing the insurance claims process while grieving for your loved one.
A truck accident attorney can help your case in numerous ways:
- Working with an attorney improves your chances of securing a fair settlement.
- A fatal truck accident lawyer can handle all communications with the insurance company, which can be beneficial if you are dealing with multiple insurers.
- An attorney can help you document and calculate the losses you are owed and estimate your claim’s value.
- A truck accident lawyer will have the resources to collect and preserve vital evidence that proves liability.
- A truck accident lawyer will be familiar with the legal process, and if your case goes to trial, the lawyer will be equipped to defend your rights and act as your family’s advocate.
If your loved one died in a fatal truck crash, don’t hesitate to talk to a knowledgeable and compassionate member of our team. The St. Louis truck accident lawyers at Craig, Kelley & Faultless LLC have the experience and resources to take on the most complex truck accident cases and pursue the fair compensation your family needs and deserves. We are proud of the legal representation we have provided many clients who were struggling to rebuild their lives after serious accidents. To schedule a free case evaluation, contact us online or call (314) 367-2661 to learn more about how we can help you with your case.
