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Missouri has a large trucking industry, with more than 12,000 truck companies established in the area transporting around 260,000 tons of cargo daily. With these statistics, truck accidents are bound to happen, and they do happen every year.
This article, therefore, takes a closer look into the truck accidents that happen on Missouri roads, including the common causes of a truck accident, laws that govern the trucking industry, and how a victim of a Missouri truck accident and the truck driver who caused the accident would establish liability in a case.
What Is Meant by the Term “Truck”?
A truck accident refers to an accident that involves a truck that was being used primarily for transporting goods; a truck can be regarded as the following:
18-wheelers
Cement trucks
Delivery trucks
Semi-trucks
Gas and oil trucks
Big rigs
Tow trucks
Refrigerated trucks
Tractor-trailers
Dump trucks
Box trucks
Common Causes of Truck Accidents
The common causes of truck accidents are very similar to the reasons for car accidents in Missouri. However, there are specific actions that have in one way or another, led to a trucking accident; these are:
1. Driver Error
Irrespective of whether someone is driving a tractor-trailer or a Ford, every driver makes mistakes. Many truck accidents are, in fact, caused by driver error. The most common driver errors that have caused a truck accident include:
Driving under the influence
Fatigue
Aggressive driving
Distracted driving
Speeding
Following too closely behind another vehicle
These errors can be made by all drivers, and they can be extremely dangerous, no matter what sized vehicle or truck they drive. Learn more about how to report a dangerous truck driver in Missouri. Moreover, these mistakes constitute acts of recklessness or negligence and can result in civil or criminal actions. If ever found in this situation, it is important to contact the best truck accident attorneys in St Louis.
Another type of driver error that specifically contributes to truck collisions is drivers who overreact or panic when they drive close to a large truck.
2. Poor Vehicle Maintenance
Trucks require a great deal of maintenance, and truck drivers are required, by their trucking companies, as well as state and federal regulations, to keep their trucks properly maintained. Truck drivers should be ensuring that their truck and all of its parts are being properly maintained and functioning as intended. They must also keep records of maintenance.
3. Equipment Failure
Manufacturers of trucks and parts of trucks are required to ensure that their equipment is manufactured, designed, and functioning properly. Recalled or defective products easily make a truck more dangerous.
Similarly, truck operators and owners must also do their part in recognizing any dangers and preventing any accidents from happening. If a truck driver recognizes a defective truck part or knows that something is broken, they must report it and ensure their truck gets the necessary repairs.
Trucking companies should be certain that they are not putting their truck drivers and other people on the road in danger because of sending out a dangerous truck.
Establishing Liability in a Missouri Truck Accident Case
In order for a victim to establish liability in a truck accident case, they will need to prove that the other party to the collision was at-fault for the accident.
The parties that may be at fault for a trucking accident are:
Truck driver
Truck owner
Company that leased the truck from the owner
Person who loaded the truck's cargo
Manufacturer of the truck or the trucks components
In the majority of truck accident cases, establishing liability means there needs to be proof that the defendant was negligent. To put it simply, the defendant failed to exercise reasonable care, which caused the accident to happen.
Shared Liability Laws in Missouri
It is not always true that one party is 100% responsible for the truck accident. Sometimes, both the defendant and the plaintiff may share the blame. Missouri has, therefore, adopted the legal doctrine of pure comparative negligence.
In terms of this doctrine, a plaintiff who is found to be partly responsible for the truck accident may only be allowed to collect damages in proportion to the other party’s degree of fault.
Who to Call for Legal Help
Those who have fallen victim to a serious trucking accident and have sustained injuries as a result of somebody else’s negligence can count on an experienced Missouri personal injury attorney from Powell Law Firm to help them recover the compensation they rightfully deserve.
For more information on personal injury claims and Missouri laws, such as how to get a motorcycle license, contact Powell Law Firm.