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If trucks were not a big part of our economy, they would probably have been banned from our roads by now due to the major road hazard that they pose. Indeed, in Chesterfield, MO a lot of deaths have occurred in the past few years as a result of truck accident injuries.
This is such a big problem that it has resulted in the growth of a distinct section of attorneys that identify themselves as truck accident lawyers in Chesterfield, MO. These lawyers fight for the rights of victims who find themselves involved in truck accidents through no fault of their own.
In such truck accident cases, the injured party can decide to sue either the trucking companies or their insurance company for injuries or financial losses that may have been experienced because of the accident. Getting fair compensation will require a good Chesterfield truck accident lawyer who is familiar with Missouri trucking laws.
Born and bred in St. Louis Missouri, Kenneth Powell has first-hand knowledge of all the major trucking companies in the area, as well as how Missouri trucking laws apply to them. This gives him and his St Louis truck accident law firm a distinct advantage over other truck accident lawyers in chesterfield.
Missouri Trucking Laws and Regulations
The nature of injuries sustained, the number of deaths, and the vast amount of damaged property usually caused by truck accidents have necessitated the drafting of separate laws that only apply to large commercial trucks.
A good Chesterfield truck accident lawyer would be able to help with this. They are designed to try and minimize the effects of a major truck accident and are as follows:
Vehicle Safety
To reduce the incidents of commercial truck accidents, and also comply with the demands of their insurance company, the law requires all trucking companies in Chesterfield, MO to meet the following conditions:
Dimensions
All commercial trucks should not exceed a maximum height of 14 feet on interstates, and 13.5 feet on all other roads. Special exceptions are made for particular zones such as the St. Louis area where trucks are allowed to reach a height of 15 feet. Regarding length, trucks are limited to 65 feet on interstates, with a maximum width of 102 inches including the loads.
Markings
Unlike passenger vehicles, trucks must be marked with the carrier's legal name and UD Dot number on one side, and the name and address of the owner on the other side.
Truck Inspections
The inspection, maintenance, and repair of commercial trucks are the responsibility of the trucking companies and the law holds them accountable if these are not done to the required standards.
To facilitate this, truck drivers are often required to complete and submit a post-trip inspection at the end of every trip. The inspection covers important safety features such as brakes, horns, wheels and rims, parking breaks, etc.
Driver Safety
Before qualifying to be a truck driver in Missouri, one must have a valid commercial driver's license, be over 18 years old, speak and read English passable well, and have knowledge of how to securely load and brace cargo.
Statute of Limitations
According to Missouri Revised Statutes section 516.120, the statute of limitations regarding truck accident claims in Chesterfield, Mo is five years for personal injury lawsuits and three years for wrongful death claims, starting from the day that the deceased passed away.
Seven Common Types of Truck Accidents
The severities of some of the cases that truck accident attorneys have to deal with are directly related to the type of truck accident that has occurred. In most cases, truck accidents follow a similar procedure, but can generally be divided into the following categories:
Wide Turn
This type of truck accident happens when a driver fails to negotiate a corner properly thus not leaving enough room for the trailer to fit.
Jack Knife
When emergency brakes are applied while traveling at high speed, the weight of the trailer can push against the traction so the cab. This forces it to bend, folding the rig at a perpendicular angle.
Truck Rollover
A sudden slide to the side due to loss of control by the driver will result in a change in weight distribution that will force the truck into a roll. Rollovers usually produce some of the deadliest crashes that any Chesterfield truck accident lawyer will ever have to deal with.
Under Ride
Suddenly stopping the truck driver can cause whoever might be driving behind to collide into the rear of the truck and get partially wedged underneath it. In this situation, it is usually the smaller car that receives most of the damage due to the weight and height difference between the two vehicles.
Rear-End
When not enough space is allowed between the truck and the vehicle ahead, a rear-end collision can occur. The weight of the truck makes this type of accident very dangerous for those in the front car.
T-Bone
This type of accident occurs when a truck fails to stop at a red light or stop sign and is hit at a perpendicular angle on the side by crossing traffic. This can be particularly dangerous if the truck is carrying hazardous material.
Tire Blowouts
Blown tires are common with any kind of vehicle. In the case of a truck, the weight can cause it to swerve haphazardly across the road posing a serious danger of a head-on collision. Tire blowouts can result in complications for a truck accident lawyer because in many cases, they tend to involve multiple vehicles.
Causes of Truck Accidents
While there are many causes of truck accidents that a Chesterfield truck accident lawyer may come across from day to day, in many cases, it is the same scenarios that keep repeating themselves. The following are some typical examples of what can cause a truck accident to occur:
Fatigue
Driving for too long without proper rest is one of the leading causes of car accidents involving haulage trucks. Usually, drivers only take short naps before driving again, and research shows that this is not enough to give the body enough time to recover fully. As a result, drivers run the risk of falling asleep behind the wheel.
Such cases need to be handled by an experienced truck accident lawyer, such as Kenneth Powell, because of the difficulty of proving that the employer was complicit in causing the truck accident.
Drunk Driving
Ask any truck accident attorney what the leading cause of fatal truck collisions is, and they will tell you it is drunk driving. Despite massive efforts to reduce incidents of drunk driving, truck drivers continue to drink while on the job and endanger the lives of other road users.
It is for this reason that a good Chesterfield truck accident lawyer will request a drug test as one of the first things they do when determining fault.
Reckless Drivers
Diving without due caution and over speeding is common, especially when truck drivers are trying to meet a deadline to receive a bonus or to avoid a pay cut. In such cases, the drivers do not usually put enough thought, or care into the safety of others.
Distracted Driving
The constant need to be on social media platforms is the biggest contributor to distracted driving. A lot of accidents are caused by drivers who go off the road or encroach into the path of oncoming traffic because they are on the phone texting.
Such a situation may be difficult for a truck accident lawyer to prove liability on the part of the at-fault driver, especially if there are no witness testimonies.
Damages Truck Accident Lawyers Can Win for Victims
Truck accident victims can be awarded huge benefits with the right Chesterfield truck accident lawyer fighting for them. The benefit of having a local truck accident lawyer is that they are immediately familiar with the way the judicial system in Chesterfield, MO works, and, as such, in the event of a truck accident, they are able o have a head start.
These damages can be awarded to anyone injured in the truck accident, be it the truck driver, owners of other passenger vehicles, or pedestrians. A good truck accident lawyer can win the following damages for personal injury victims involved in a truck crash:
Economic Damages
A Chesterfield truck accident lawyer can help their client win economic damages to directly address any financial losses the victims might have suffered as a result of the truck accident. Most settlements end up paying for some if not all the following:
Medical expenses covering all medical bills, procedures, rehabilitation, aftercare, and psychological treatment that the victim might have had to go through as a result of the accident
Lost income compensation for time taken off work while recovering, inability to return to the same level of productivity due to injuries, or loss of employment due to permanent disability
Non-Economic Damages
Other types of damages that may be awarded are known as non-economic damages. No fixed amount can be awarded in such cases, and it is usually up to the discretion of the courts.
It takes an exceptional Chesterfield, MO truck accident lawyer to win a sizeable amount of non-economic damages for their clients because of the difficulty in proving how much the truck accident victim suffered in such cases.
The right chesterfield truck accident lawyer can win non-economic damages to cover the following:
Reduction in quality of life
Loss of Companionship
Emotional and mental strain
Depression and PTSD
Permanent scarring and disfigurement
Other Chesterfield Practice Areas
Why You Need Powell Law Firm Today
It is difficult to win any type of personal injury lawsuit in Missouri without the help of an experienced attorney. In situations where trucks are involved, having an experienced Chesterfield truck accident lawyer is a must.
The years of hard work that the dedicated team of Powell Law Firm has put in has put us at the very top of the list of the best Chesterfield truck accident lawyers to call whenever the services of a personal injury attorney are needed. Call us today for a free consultation!