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There is nothing worse for a Missouri driver than being involved in a truck accident. Unlike regular car accidents, collisions with such huge vehicles often result in massive property damage, severe injuries, and death.
As such, dealing with semi-truck accidents has evolved into its own special branch of personal injury law, whose complexities mean victims need to find a good attorney to help navigate the legal process.
What compounds the situation for truck accident victims is that there are so many myths surrounding this unique legal landscape. As such, it is important to debunk any false claims before seeking compensation from the at-fault parties.
In Missouri, victims seeking dependable legal representation can call Powell Law Firm and schedule a free consultation. St. Louis' top-rated attorneys can be reached today. They can also consult on common car accident myths in Missouri.
A Few Facts About Truck Accidents
Recently, there has been an industry-wide shortage of qualified and experienced truck drivers. This has led to truck companies overworking the staff they have and also hiring new drivers without the required expertise.
Such poor management and loose hiring techniques have been some of the biggest concerns when trying to reduce trucking accidents.
Another common fact is that the design of trucks leads to blind spots that often cause accidents due to the truck driver not being aware of the presence of other vehicles. While this is often recorded as driver error, there is a need to address the bigger problem regarding truck design.
Common Causes of Truck Accidents
Before truck accident victims can pursue compensation, they need to determine the cause of the collision first. This will help the lawyer prove liability if the case goes to court.
According to road accident statistics in Missouri, the following are some of the common causes of crashes involving trucks:
Driver fatigue
Speeding
Poor driver training
Distracted driving
Improper cargo loading
Poor weather conditions
Driving under the influence of drugs or alcohol
Equipment failure
Driver error
Hazardous road situations
Failure to obey traffic laws
Five Truck Accident Myths in Missouri
There is plenty of information online regarding semi-truck accidents and other serious collisions that take lives or cause serious injuries. However, not all of these "facts" are necessarily true. Many of these claims are myths that can mislead victims seeking compensation.
The following are some of the common myths to be wary of:
Myth 1: Truck Drivers Are Always to Blame for Accidents
Any lawyer who is well-versed in dealing with car accidents knows that it is not always one party's fault. The same is true for semi-truck accidents, where many people are quick to blame the truck driver. For more information, semi accident attorneys in St Louis may be able to help.
Statistics show that while driver fatigue and error are among the highest causes of these crashes, in many cases, other road users are also to blame. Many drivers are often frustrated when stuck behind slow-moving large trucks, which can lead to incidents of reckless driving.
Myth 2: The Insurance Adjuster Can Always Be Trusted
The insurance adjuster plays a crucial role in determining how much the court is willing to award victims of semi-truck accidents. However, these individuals are not always looking out for the best interests of the victims.
As such, insurance and trucking companies often try to use a variety of tricks when dealing with victims of truck accidents, such as offering a quick low-ball offer and asking the plaintiff to sign it before receiving legal representation.
Myth 3: An Out of Court Settlement Is Always Best
In a personal injury lawsuit, it is sometimes better to negotiate a quick out-of-court settlement with the at-fault parties without having to suffer through a long legal process. However, this is not always what is best for each case.
If the at-fault parties are not willing to pay what can be deemed a fair settlement for injuries caused or the loss of a loved one, it may be better to go through the entire litigation process if it leads to victims getting the damages they deserve.
Myth 4: Any Lawyer Can Win a Truck Accident Case
One of the most common misconceptions is that any personal injury lawyer has what it takes to take on a large trucking company and win. There are many important aspects of such cases that can only be fully understood by an experienced attorney.
When truck accidents occur, it is often necessary to be well versed in both federal regulations and interstate laws in case the truck companies are located outside Missouri. This is just one example of a situation where an inexperienced personal injury lawyer would fall short.
Myth 5: Hiring a Truck Accident Lawyer Is Too Expensive
Of all the common myths that people believe, one that seems most prevalent is that hiring a truck accident lawyer is too expensive. However, the right attorney may not cost as much as most people think.
In many cases, good attorneys can take on cases on a contingency fee basis, meaning the victims will only have to pay after they have been awarded a settlement. This ensures that no added pressure is placed on victims who are already struggling with high medical bills. They can also share insight on common motorcycle accident myths in Missouri.
Personal Injury Law Regarding Truck Accidents
Dealing with the often-high medical expenses that come when dealing with severe injuries can be very difficult, especially at a time when the victim is unable to go to work. That is why the state of Missouri allows victims to pursue justice and seek compensation from the liable parties.
In a truck accident case, the judge can award damages for a variety of things, such as:
Medical bills
Lost wages
Property damage
Wrongful death
Permanent disability
Pain and suffering
Emotional damages for mental anguish
Loss of companionship
However, complex trucking laws and federal regulations make the legal process very difficult for those seeking compensation or some form of financial recovery. There are so many defenses that the negligent party can use to avoid being held liable for the accident.
In a pure comparative negligence state, such as Missouri, the court may also place part of the blame for the accidents on the heads of the victims, which reduces the amount of money they can be awarded.
Finding a lawyer with a proven track record is, therefore, very important. With a dedicated team representing clients who have suffered injuries after colliding with large trucks, the victims can walk away with a significant amount of money.
How Much Can Personal Injury Victims Win in a Truck Accident Claim?
The amount awarded to victims of semi-truck accidents depends on a wide variety of things, including the economic and non-economic damages the plaintiff is seeking.
In general, when it comes to truck accidents, no cap is placed on either of these types of damages unless in special circumstances. This means a personal injury lawsuit can be worth millions of dollars with the right legal representation.
The nature of the injuries suffered by the victim is also very important. Spinal injuries, for example, are worth a lot more than broken bones and concussions. In case of the death of a loved one, the deceased person's family can also be awarded millions of dollars in compensation.
Determining Liability in a Truck Accident Lawsuit
To walk away with maximum compensation, it is important for a personal injury lawyer to clearly show that the defendant is to blame for the accident. One of the most important aspects of determining liability is knowing who the at-fault party is.
In most cases, the liability falls on one of the following:
The Trucking Company
If driver fatigue, lack of maintenance of truck equipment, or poor driver training have been identified as the causes of the accident, it is likely that the trucking company is to blame.
The Truck Driver
Driver error is one of the causes of semi-truck accidents that can be attributed to the driver. Other cases include those that involve being under the influence of drugs or alcohol or distracted driving.
Manufacturers and Contractors
If there was something wrong with the truck when it was purchased or after it was serviced by a third party, the personal injury lawyer can consider suing the truck manufacturers or other contractors.
How to Drive Safely With Trucks on the Road
While receiving fair compensation is the best outcome of a truck accident case, avoiding being involved in such life-threatening situations is best.
As such, the following tips can be useful:
Allow maximum space for a turning truck
Passing should only be done on the left when it is safe to do so, but never on the right
Exercise caution at night when truck driver fatigue usually sets in
Leave more room for braking when driving in poor weather
Never tailgate a truck
Need an Experienced Attorney? Powell Law Firm Can Help
In St. Louis, victims of truck accidents need an experienced attorney to help them take on any trucking company refusing to offer a fair settlement.
With many years navigating the complex legal landscape of Missouri, Powell Law Firm has what it takes to make sure victims or their family members receive the compensation they deserve.
This team of highly experienced, compassionate, and determined truck accident attorneys is available for a free consultation right now.
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