Truck Accident Litigation in St. Louis, MO
If you were injured in a truck accident in St. Louis, Missouri, understanding the truck accident court process can help you make the most of your case.
While truck accident cases typically begin with insurance claims, they may require taking your case to court if a settlement cannot be reached. Litigation could be the best way for you to pursue the compensation you need for your injuries from the at-fault parties and their insurers.
After a truck accident, you need a lawyer with extensive experience taking trucking company insurance providers to trial. Contact Craig, Kelley & Faultless LLC for a free case review with one of our knowledgeable and experienced truck accident attorneys in St. Louis. We are ready to analyze your situation, review the truck accident lawsuit timeline, and explain the compensation you could receive.
How Does the Truck Accident Lawsuit Process Work?
The truck accident lawsuit process begins with an investigation into the collision that caused your injuries. During the investigation, your lawyer will identify the responsible parties and collect various types of evidence that demonstrate liability.
Next, they will calculate the value of your injuries and property damage and file a claim with the at-fault parties’ insurance providers. Once the insurers receive your demand letters, they will typically enter initial settlement negotiations with your lawyer.
If a settlement cannot be reached, your lawyer can file a lawsuit, and the discovery phase will begin. Discovery is when both sides share the evidence they have, including internal trucking company documents and maintenance records, for example.
After discovery comes another round of negotiations in many cases. If a settlement still cannot be reached, your case will go to trial, where your lawyer will seek maximum compensation for you.
Who Could Be Held Liable in a St. Louis Truck Accident?
Depending on the cause of the St. Louis truck accident that harmed you, several parties could be held liable, such as the following examples:
- The truck driver whose actions directly caused the crash
- The trucking company that encouraged the driver to speed to make deliveries faster
- The cargo loader that failed to follow proper securement regulations
- The maintenance provider that failed to spot or fix an issue
- The truck manufacturer that used defective components
- The government entity responsible for maintaining public roads
- The other motorists who contributed to the crash with their aggressive driving
What Evidence Do You Need for a Truck Accident Case?
Proving fault in truck accident cases involves gathering a wide variety of evidence that shows how the other parties’ actions contributed to the collision. The evidence in accidents involving trucks may include, for example:
- Accident scene photographs
- Traffic and dashboard camera footage
- Eyewitness statements
- Expert witness testimony
- Truck maintenance records
- Truck black box recordings
- Truck driver logbook entries
- Trucking company internal documents
- Federal Trucking Laws and Regulations in Missouri
One of the reasons truck accident lawsuits are more complex than other vehicle crashes is that they require knowledge of not only state but also federal laws. Some of the federal trucking laws and regulations that may impact your case include the hours-of-service (HOS) regulations, cargo securement regulations, and liability insurance requirements.
Hours of Service
The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours that commercial truck drivers can be behind the wheel of their vehicles within certain time periods. For example, drivers cannot drive for more than 11 hours after 10 consecutive hours off duty. They also must take a 30-minute break for every 8 cumulative hours on duty and cannot drive more than 60/70 hours in 7/8 consecutive days.
HOS regulations are in place to prevent truckers from driving while fatigued, which is a significant contributor to trucking accidents.
Cargo Securement
The FMCSA also regulates the securement of different types of cargo. Cargo securement regulations outline the kinds of securement methods and the number of tie-downs required for various cargo types and weights to prevent the cargo from falling onto the road or causing rollover accidents due to shifting in transit.
Liability Insurance
Commercial trucks must also carry significant liability insurance depending on their weight and the type of cargo they are transporting. Liability insurance can provide anywhere from $300,000 to $5 million in coverage. With so much money on the line following a truck accident, insurers often fight tooth and nail to limit the amount victims receive.
What Compensation Can You Pursue After a Truck Accident?
Truck accident compensation covers both economic and non-economic losses for truck accident victims. Economic losses include the negative impacts of your injuries with tangible value, while non-economic losses cover those with intangible value.
Some of the losses many truck accident victims often recover compensation for include:
- Past and future medical expenses related to the incident
- Lost wages and reduced earning capacity caused by the accident
- Physical pain and emotional suffering experienced due to injuries
- Permanent disability resulting from serious injuries, such as brain and spinal cord damage
- Costs for repairing or replacing damaged or lost property
Can a Truck Accident Case Go to Trial in Missouri?
Even though many truck crash claims settle out of court, truck accident cases can and often do go to trial in Missouri. It occurs when large trucking companies and their insurance companies refuse to make fair settlement offers, requiring your lawyer to file lawsuits against them.
Insurers may refuse to make fair offers in many cases because they hope they can get away with paying a lowball settlement rather than what your case is actually worth. We are ready to help you pursue compensation for all your losses.
Why You Need a St. Louis Truck Accident Lawyer from Our Law Firm
Our truck accident lawyers are ready to help you maximize your compensation by seeking to hold all of the at-fault parties liable for your injuries. We have been assisting injury victims for more than 30 years and have recovered millions for our clients to date. We are prepared to put our experience to work for you now.
Check out some of our positive testimonials from previous clients to find out what it is like to have our experienced truck accident lawyers on your side. For example, one satisfied client wrote this about our legal team:
“The team at Craig, Kelley & Faultless has been great to work with. They were with us every step of the way during a very difficult time in our life.” – Matt Landin
Contact Craig, Kelley & Faultless LLC for a free consultation with a highly qualified St. Louis truck accident lawyer. We will review your truck accident claim, explain your options for seeking the compensation you need, and answer any questions you have about the truck crash litigation process.