Springfield, MO, Truck Accident Lawyer

The damages of a commercial truck accident can leave individuals with disabling, long-term, or fatal injuries. Commercial vehicles are much larger and heavier than passenger cars, and this means those in passenger cars can suffer more serious consequences. If you or your loved one was injured in a truck accident, you may have grounds for a claim against the trucking company or other negligent party. A Springfield truck accident lawyer can help you with your recovery.

There are numerous legal regulations meant to make the roads safer by requiring commercial truck drivers to rest frequently and restrict the allowed driving time. Unfortunately, these requirements are often pushed or ignored. Truck companies may often wrongfully encourage and incentivize their drivers to break these regulations in order to increase their profits. This can come at a significant cost and lead to many more catastrophic accidents.

Investigating these companies and finding evidence of this negligence requires in-depth and comprehensive investigation. A Springfield truck accident lawyer is a necessary ally to help you uncover evidence of fault in a timely manner. This can help you recover financial compensation and give you time to recover.

The Springfield Truck Accident Lawyers of Wendt Law Firm P.C.

Wendt Law Firm P.C. has spent many years navigating complex truck accident claims, with more than 50 years of combined experience in personal injury law. When your injuries should have been prevented with reasonable diligence and care, we fight for your interests and your justice. A trucking company has the ability and the resources to exercise due diligence and should be held accountable when it fails to do so.

The team at Wendt Law Firm P.C. offers comprehensive legal support to injured individuals throughout Missouri, helping with the investigation, gathering evidence, and negotiating settlements. We handle the complex issues in your claim so that you can recover. If a trucking company refuses to negotiate fair terms, we are already prepared to take your case to court. We offer compassionate and supportive legal care during this strenuous time.

Common Causes of Commercial Truck Accidents

Many parties are responsible for getting commercial vehicles on the road, so the negligence of any of these parties can lead to an accident. Truck accidents can happen due to the same causes as other motor vehicle collisions, as well as many other reasons. Determining the cause of a commercial truck crash is necessary to determine the party at fault for the accident. Some of the most common causes of accidents include:

Fatigued driving, particularly when truck drivers do not follow federal rest regulations.
Distracted driving by the truck driver or others on the road.
Driving under the influence of drugs or alcohol.
Truck failures caused by poor maintenance.
Speeding by any drivers on the road.
Malfunctioning or defective vehicle components.
Reckless driving, such as failing to check blind spots during lane changes.
Improperly loaded truck trailers, causing rollovers, jackknifing, or loose cargo.
Overloaded truck trailers, causing failure of brakes or other important track equipment.
Errors made by poorly trained commercial truck drivers.
Dangerous road conditions, such as construction zones, potholes, or inclement weather.

There are many other potential causes for accidents, the majority of which are caused by the negligence of a driver or other party. Numerous parties could also be at fault, depending on the unique situation. It is important to bring your case to a skilled Springfield truck accident lawyer who can investigate the collision and determine the cause.

What Makes Truck Accidents More Complicated Than Other Accidents?

Accidents involving commercial vehicles like tractor-trailers and semi-trucks are more complex than other vehicle accidents and require more in-depth legal support for several reasons:

Significant Damages

Truck collisions cause serious harm to individuals who are not in a commercial vehicle, including motorcyclists, pedestrians, bicyclists, and those in smaller passenger vehicles. Because of this, the property damage and physical injuries are much more severe.

Injured parties are more likely to see catastrophic and life-altering injuries like serious traumatic brain injuries and brain damage, spinal cord injuries and paralysis, amputations, burn injuries, and other significant harm. The immediate costs of these injuries often include costly medical procedures and treatment, and there are also numerous long-term costs, such as at-home care, a future lost income, physical therapy, and long-term emotional trauma.

A truck accident claim should cover these numerous costs. Unfortunately, properly calculating these costs can be difficult, and insurance companies often do not want to pay a significant settlement. Negotiating for a fair settlement is, therefore, much harder in trucking accidents.

Complex Federal Regulations

Commercial truck companies and their drivers must follow the legal requirements that govern the truck industry. These requirements govern things like maintenance on commercial vehicles, weight limits on the vehicles, training and medical exams for truck drivers, and required rest and time off for drivers on the job.

Failing to adhere to these requirements increases the likelihood of an accident and means that the party breaking the regulations can be held liable for doing so. It can be hard for injured individuals to navigate these laws and properly investigate. An attorney, however, already understands these state and federal requirements and remains up-to-date on the current requirements. This helps them know what to look for while investigating an accident.

Trucking Company Insurance Providers

Truck accidents are also more complicated because they frequently deal with corporate trucking companies and their insurance providers. Liability often falls to the trucking company in these accidents, for their own negligence or through vicarious liability. Even when the trucking company is not ultimately liable, it will still be involved in the investigation and fault determination.

The insurance provider of a trucking company has significant resources, and has the sole goal of lowering the liability of the trucking company. It can be incredibly difficult for an individual to deal with these high-resource insurance adjusters, and it can make getting the compensation you deserve much harder.

Parties That May Be Liable in a Truck Accident

Commercial truck accidents are also more complicated because numerous parties could potentially be liable. The maintenance and management of trucks and truck drivers is the responsibility of many parties within a truck company and many third parties that a truck company works with. When these entities or individuals fail to take appropriate care, and their failure causes an accident, they should be held liable.

Some of the parties who might be liable for your trucking accident include:

Trucking company. The trucking company can be liable for their direct negligence, or vicariously liable for the actions of their employee. A trucking company that hires drivers without ensuring they are qualified or without providing adequate training would be liable.

A company would also be liable for encouraging their employees to ignore federal regulations or giving impossible deadlines that encourage speeding and reckless driving. There are many other ways a trucking company could be liable for an accident.

Truck driver. A truck driver can also be liable for an accident if they are negligent on the road. Truck drivers have a higher responsibility of care on the road than other drivers due to the destructive potential of the vehicles they drive. Failing to uphold this responsibility can mean they are liable for the accident.
Truck manufacturers. If the collision is caused by the failure of truck equipment or other vehicle components, the liability may be on the manufacturer. This may include essential systems like the brakes and steering or even seemingly minor equipment like windshield wipers. If the product was defective or unreasonably dangerous, the manufacturer may be strictly liable for its failure.
Shipping or cargo company. A trucking company may also work with a third-party shipping or cargo company. These parties are typically responsible for loading the truck trailer and ensuring it is loaded properly and is under the correct weight requirement. Failures in this process can cause an accident, and the company can be liable.
Truck mechanic or repair team. Commercial vehicles are used often to haul heavy loads, and this wear and tear requires frequent maintenance. The trucking company may hire third-party mechanics and maintenance teams. If these companies conduct insufficient or improper maintenance on commercial vehicles, they could be liable if the truck’s failure causes an accident.
Truck owner. If the trucking company is renting or using trucks from another party, then the truck trailer or truck cab owner could be liable for failing to get maintenance or not ensuring the vehicle is cared for.
Other drivers. As in any motor vehicle accident, there may be any number of liable parties on the road. A truck accident is not always caused by a truck driver or related contractors but by the negligence of other drivers. Drivers who are reckless can cause dangerous and catastrophic accidents despite a truck driver driving carefully and reasonably. Those drivers can be held liable when their negligence leads to the accident.
Governmental agencies. Poor road conditions, like debris on the road, potholes, or improper drainage systems, can cause accidents. Unmaintained signs or signals can also be an issue, such as if there is overgrowth covering signs or stop lights are broken. When these hazards cause an accident, the public agency responsible for the maintenance of the road could be liable.

One or many of these parties may be partially at fault for a truck accident. Determining the at-fault parties requires an in-depth investigation of the accident’s cause.

If there are multiple liable parties, then a portion of your settlement may come from each of those parties. This can make negotiations significantly more complicated. The right attorney will have experience on complicated claims with multiple liable parties, and will be able to guide you through this process.

How Do You Prove Another Party Liable for a Truck Accident?

To hold a party at fault and therefore liable for an accident, you must prove several elements. Liability is typically based on negligence, although in rare cases, it may be based on malice or intentional misconduct. Negligence occurs when an individual acts in a way that contradicts what a reasonable person would have done in the same situation to prevent injury. The following elements must be proven to hold an at-fault party liable for damages:

Duty of care. The other party owed you a duty of care to behave in reasonable ways to avoid and prevent injury.
Breach of duty. The other party breached this duty because of negligent action or inaction.
Causation. The party’s breach of duty led directly to the accident and your injuries.
Damages. You suffered damages due to the accident and your injury.

Fault in a truck accident will be initially determined by the insurance companies and attorneys involved in the claim. If the claim goes to court, the involved parties will present their evidence in proving fault.

Can I Recover Compensation If I Am Partially Liable?

You may be able to recover compensation even if you were partially liable in a truck accident. Missouri is a modified comparative fault state, so you can file for damages as long as you are found 50% or less liable for the collision. You are barred from damage recovery if you are 51% or more liable. When you are partially liable, but can still receive damages, then your final calculated settlement is reduced by the same percentage fault you shared in the accident.

The at-fault party or parties will often try to claim you are more liable than you are to reduce their liability and potentially eliminate their liability. The support of an attorney is crucial in this situation. Fault percentages are determined in negotiations by insurance providers and attorneys or by the jury if the claim goes to court. The support of an attorney could enable you to reduce the amount you are found liable, securing you the most compensation possible.

What Are the Benefits of a Springfield Truck Accident Lawyer?

An attorney helps your claim in several ways, including:

Knowledge of legal deadlines and relevant laws.
Negotiation with the insurance adjuster on your behalf.
Investigation of the cause of the accident
Calculation of your damages.
Taking a claim to court when necessary.

Working with a skilled Springfield truck accident lawyer means you are more likely to have a successful settlement and get the most compensation available in your claim.

Contact an Experienced Springfield Truck Accident Lawyer Today

If you were injured in a truck accident, you need effective legal support quickly. Contact Wendt Law Firm P.C. and learn how we can help.