Filing a Complaint and Starting Litigation in a Truck Accident Case in St. Louis, MO

If you were injured in a collision with a commercial truck caused by someone else, you need experienced legal representation to help you pursue compensation from the person or company that harmed you. The experienced personal injury attorneys at Craig, Kelley & Faultless LLC are ready to file a truck accident lawsuit in St. Louis to help you pursue compensation for your crash-related losses.

Contact Craig, Kelley & Faultless LLC today for a free consultation. We want to discuss your case and how we can help you seek the fair compensation you deserve for your medical bills, lost wages, pain, suffering, and other losses.

What Does Filing a Complaint Mean in a Truck Accident Case?

If you have never been injured in an accident before, you may wonder how to file a truck accident claim. You typically begin by filing a complaint in the court in the county where the truck accident occurred. When you file a Missouri truck accident complaint, you file a lawsuit against the parties you named as defendants in the complaint. Once the complaint is filed, your lawsuit begins.

What Is the Statute of Limitations for Truck Accident Cases in Missouri?

The Missouri statute of limitations for truck accident cases allows injured people five years to file a lawsuit from the date of the accident that injured them. If you file your lawsuit after the five-year deadline expires, the court can dismiss it without hearing it, no matter how strong a case it may be.

Our truck accident lawyers can file your lawsuit before you heal from your injuries and before the five-year period has passed to preserve your right to take your case to trial. A timely filing prevents you from losing your right to threaten to go to trial as a negotiating tactic against the insurance company during settlement talks. Without potential litigation overshadowing your case, the insurance company will have no incentive to increase any settlement offers they have made.

Who Should Be Named as Defendants in My Truck Accident Lawsuit?

Your complaint is the document that outlines your theory of the case and advises the court who you believe is responsible for your injuries and accident-related expenses and why. You are the petitioner, as you filed the complaint, a petition before the court. The people you identify as the at-fault parties will be the defendants.

When you file your truck accident complaint, you should name the at-fault party and their insurance company as defendants. Potential at-fault parties can include:

The truck driver, if their negligent behavior caused the crash
The trucking company, if they improperly screened or trained their driver, or if they pushed the driver to make too many deliveries in too short a time period
The truck manufacturing company, if a faulty part or system on the truck failed and caused the crash
A maintenance company, if it failed to perform the required maintenance or overlooked a worn part or hazardous condition that led to the crash
A cargo loading company, if it failed to balance or secure the load properly, and those actions led to the accident
Another driver, if someone cut off the trucker and caused them to react in a way that resulted in the accident that harmed you

Our St. Louis truck accident attorneys will identify the correct at-fault parties, and they will be named as defendants in the complaint. Some trucking companies are self-insured. If the trucking company is at fault and self-insured, no insurance company for that party will be named in the complaint.

What Information Do I Need to File a Truck Accident Complaint?

Some of the information you must include in your complaint includes:

Your name, address, and contact details
The defendant’s name, address, and contact details
The date of your injury
A description of your injury
A description of the accident
The amount of compensation, or damages, sought, including money for pain and suffering, medical expenses, lost wages, loss of enjoyment of life, and property damage
Proof that the defendant’s negligence or misconduct caused your injuries and losses
Evidence of the injuries and accident-related costs you suffered
The legal basis for the claim, including relevant statutes and case law

What Happens After I File a Truck Accident Complaint?

The truck accident lawsuit process in Missouri begins when you file your complaint. When the defendant receives the complaint, they will have 30 days to file their answer to the complaint. If they fail to respond in time, the court can enter a judgment against them.

The next step in the process is discovery. During discovery, the parties exchange evidence and information. They can use Interrogatories, which are written questions that must be answered under oath. The parties can use requests for production. These are requests for the other side to produce documents and other evidence related to the case.

Either party can take depositions of witnesses or parties to the case. Depositions are usually taken in a lawyer’s office. The person being deposed (the deponent) will be there, along with their attorney and a court reporter. The attorney for the other side will ask questions, and the deponent will answer under oath.

Once discovery is complete, the parties may resume settlement negotiations, depending on the information revealed. Otherwise, pre-trial motions occur next, including motions to exclude particular evidence, motions to dismiss, or motions for summary judgment. A motion for summary judgment can be used if a party believes the evidence completely supports their case to the extent that no trial is needed.

If summary judgment is not granted, the case proceeds to trial.

How Long Does the Truck Accident Litigation Process Take in Missouri?

There is no specific answer to this question as every case is different. St. Louis truck accident litigation can be time-consuming. In addition to the 30-day wait for the defendant to file their answer, discovery can take only a couple of months if the case is not too complicated, but complex cases can take months to years. Additionally, once discovery is complete, the trial’s timing depends on the court’s calendar.

Truck crash cases with fewer issues will resolve more quickly than cases with multiple at-fault parties and catastrophic injuries.

Let Our St. Louis Truck Accident Lawyers Handle the Legal Process for You

Do not try to handle your St. Louis truck accident case by yourself. You need the experience and knowledge of a proven truck accident lawyer. At Craig, Kelley & Faultless LLC, we would like to put our decades of combined experience to work for you as you pursue a truck accident claim.