Can I Sue Both the Driver and the Truck Company After an Accident in Missouri or Kansas?

If you’ve been involved in a truck accident in Missouri or Kansas, you may be wondering if you can sue both the driver and the truck company. Truck accidents can be incredibly devastating, causing serious injuries and extensive property damage. In both Missouri and Kansas, multiple parties may be held liable for the injuries and damages caused.

It’s important to consult with an experienced personal injury attorney to assess the specific circumstances of your case and determine the parties that can be held liable. Contact Wendt Law to speak with an experienced truck accident attorney by calling 816-542-6734.

Understanding the Basics of Truck Accidents

Truck accidents are incidents involving large commercial vehicles, such as tractor-trailers, semi-trucks, and big rigs. These accidents can happen for various reasons and understanding them is crucial when determining liability and building your case.

When it comes to truck accidents, there are numerous factors to consider. From the types of vehicles involved to the causes of the accidents, each detail plays a significant role in understanding the complexities of these incidents.

What Constitutes a Truck Accident?

A truck accident occurs when a commercial truck collides with another vehicle, pedestrian, or property. These accidents can range from minor fender-benders to catastrophic crashes, depending on the circumstances.

It’s important to note that large truck accidents can have severe consequences due to the size and weight of these vehicles. The impact of a collision involving a large commercial truck can cause devastating injuries and even fatalities.

Common Causes of Truck Accidents

Truck accidents can happen due to a myriad of reasons. Understanding the common causes is essential in determining liability and seeking a fair compensation amount for your damages. Some of the most prevalent causes include:

Distracted driving: One of the leading causes of truck accidents is distracted driving. This can include activities such as texting or using a mobile phone while operating the vehicle. The momentary lapse in attention can have disastrous consequences on the road.
Fatigued driving: Truck drivers often face long hours on the road, leading to fatigue. Fatigued driving can impair judgment, reaction time, and overall driving abilities. It is a significant risk factor for truck accidents.
Speeding or reckless driving: Just like any other motorist, truck drivers may engage in speeding or reckless driving behaviors. However, due to the size and weight of their vehicles, the impact of such actions can be far more severe.
Improperly loaded cargo: Properly loading cargo is crucial for maintaining the balance and stability of a commercial truck. When cargo is improperly loaded, it can lead to unbalanced weight distribution, making the vehicle more prone to accidents, particularly during turns or sudden stops.
Mechanical failures: Commercial trucks require regular maintenance to ensure their safe operation on the road. However, mechanical failures can still occur, such as faulty brakes or tire blowouts. These failures can contribute to truck accidents and pose a significant risk to other motorists.

Understanding these causes can help establish negligence and liability in your case. By identifying the contributing factors, you can build a strong argument to hold the responsible party or parties accountable for the damages and injuries you have suffered.

It’s important to consult with a knowledgeable truck accident attorney who specializes in truck accident cases. They can guide you through the legal process, collect evidence, and advocate for your rights, ensuring you receive the compensation you deserve.

The Legal Framework in Missouri and Kansas

When it comes to truck accidents, both Missouri and Kansas have specific laws and regulations that govern these types of cases. Familiarizing yourself with these laws is essential before pursuing legal action.

In addition to the general laws and federal regulations surrounding truck accidents, there are several other important factors to consider when dealing with these cases in Missouri and Kansas.

Missouri’s Laws on Truck Accidents

Missouri follows a comparative fault system, which means that liability can be assigned to multiple parties involved in the accident. This system takes into account the degree of fault of each party and determines the percentage of damages they are responsible for.

It is important to note that Missouri has a statute of limitations for filing a truck accident claim. This means that there is a specific timeframe within which you must initiate legal action. Failing to file your insurance claim within this timeframe may result in your case being dismissed.

Furthermore, Missouri has specific regulations regarding the operation of commercial trucks. These regulations include requirements for driver qualifications, vehicle maintenance, and cargo securement. Violations of these safety regulations can significantly impact the outcome of a truck accident case.

Kansas’ Laws on Truck Accidents

Like Missouri, Kansas also follows a comparative fault system. This means that if you are partially at fault for the accident, your damages may be reduced accordingly. It is important to understand how the comparative fault system works in Kansas and how it may affect your case.

In addition to comparative fault, Kansas has specific rules when it comes to limitations on damages in truck accident cases. These rules may limit the amount of compensation you can recover for certain types of damages, such as non-economic damages like pain and suffering.

Similar to Missouri, Kansas has regulations governing the operation of commercial trucks. These regulations cover areas such as driver qualifications, vehicle inspections, and hours of service. Violations of these regulations can be crucial evidence in establishing liability in a commercial truck accident and case.

It is crucial to consult with an experienced truck accident attorney who is familiar with the laws and regulations in both Missouri and Kansas. They can help guide you through the legal process and ensure that your rights are protected.

Determining Liability in Truck Accidents

Assigning liability in truck accidents can be complex, as multiple parties can be held responsible. To determine liability, various factors need to be considered.

Truck accidents are often devastating, resulting in severe injuries and even fatalities. When a truck accident occurs, it is crucial to determine who is liable for the damages and injuries the trucking accident has caused. Liability can extend beyond just the driver involved in the truck crash accident, as other parties may also share responsibility.

Factors to Determine Liability

One of the key factors in determining liability is assessing the actions of the driver. If the driver was negligent or at fault for the accident, they can be held liable. Negligence can take many forms, including instances of distracted driving, such as texting or talking on the phone while operating the vehicle. Additionally, if the driver was speeding or failed to follow traffic laws, they can also be held responsible for the accident.

However, it is not only the driver who can be held liable in truck accidents. Trucking companies can also share responsibility for accidents involving their employees. Trucking companies have a duty to ensure that their drivers are properly trained and qualified to operate the vehicles. If a company fails to provide adequate training or hires drivers with a history of violations or accidents, they can be held liable for any accidents that occur as a result of negligent drivers.

Another factor that can contribute to the liability of the trucking company is their policies and practices. For example, if a company sets unrealistic schedules for their drivers, pushing them to exceed the legally allowed hours of service, driver fatigue may become a significant factor in accidents. In such cases, the trucking company can be held responsible for the accident due to their negligence in enforcing safe practices.

Furthermore, truck accidents can also involve other parties, such as manufacturers or maintenance providers. If a defective part or faulty maintenance contributed to the accident, these parties may also be held liable for the damages and injuries caused.

Determining liability in truck accidents is a complex process that involves considering various factors. While the driver’s actions play a significant role, trucking companies, manufacturers, and maintenance providers may also share responsibility. Holding the appropriate parties accountable is essential to ensure that victims receive the compensation they deserve and to promote safer practices in the trucking industry.

The Process of Filing a Lawsuit

If you decide to pursue legal action, understanding the process of filing a lawsuit is vital to ensure a smooth and successful journey.

When it comes to filing a lawsuit, there are several important steps that need to be followed. These steps are designed to ensure that your case is properly prepared and presented in court. One of the first steps in the process is gathering evidence.

Gathering Evidence for Your Case

Collecting evidence is crucial in proving negligence and liability. This collection of evidence may include obtaining the following:

Accident reports: These reports can provide crucial details about the incident, such as the date, time, and location of the accident, as well as the parties involved.
Medical records: These records can help establish the extent of your injuries and the treatment you have received.
Witness testimonies: Testimonies from witnesses can provide additional perspectives and support your version of events.
Consult with experts: Inquire with accident reconstruction specialists or medical professionals, to strengthen your case.

It is important to note that gathering evidence can be a time-consuming process. It may require contacting various parties, such as hospitals, police departments, and insurance companies, to obtain the necessary documents.

Working with a Personal Injury Lawyer

Seeking the guidance of a skilled personal injury lawyer experienced in truck and car accident cases can greatly enhance your chances of a favorable outcome. They can navigate the legal complexities, negotiate with insurance companies, and represent your best interests in court if necessary.

A personal injury lawyer will review your case and help you determine the best course of action. They will guide you through the legal process, ensuring that all necessary paperwork is filed correctly and on time. They will also help you understand your rights and options, and provide you with valuable advice and support.

When working with a personal injury lawyer, it is important to choose someone who specializes in truck accident cases. These types of cases can be complex, involving multiple parties and intricate legal issues. An experienced lawyer will have the knowledge and expertise to handle these complexities and fight for the compensation you deserve.

Filing a lawsuit involves several important steps, including gathering evidence and working with a personal injury lawyer. By understanding and following these steps, you can increase your chances of a successful outcome in your case.

Potential Challenges and How to Overcome Them

Filing a lawsuit after a truck accident can come with its fair share of challenges. Understanding these challenges and knowing how to overcome them can help you stay proactive and resilient.

Dealing with Insurance Companies

Insurance companies may try to minimize your personal injury claim or place blame on you. It’s important to be cautious when communicating with them and consider having your personal injury lawyer handle these negotiations.

Proving Negligence in Court

Establishing negligence in a truck accident case can be challenging. However, with solid evidence, expert testimonies, and the support of a legal professional, you can present a strong case before a judge or jury.

Contact the Experienced Truck Accident Lawyers from Wendt Law

If you’ve been involved in a truck accident in Missouri or Kansas, you may be able to sue both the truck driver and the truck company depending on the circumstances. Understanding the basics of truck accidents, the legal framework, determining liability, and the process of filing a lawsuit is crucial for pursuing a successful claim.

Consulting with a personal truck accident lawyer can provide you with invaluable guidance and support throughout this challenging process. Stay informed, be proactive, and seek the justice you deserve with the help of a truck accident attorney from Wendt Law. Contact us to schedule a free consultation to get the process started.

Call Wendt Law today at 816-542-6734.