Understanding Partial Fault in Missouri Truck Accident Cases
When truck accidents involve multiple vehicles, questions arise about who bears responsibility. Under Missouri law, even if an injured person shares partial blame for a crash, they might still have the right to recover compensation. Because their compensation is reduced based on their percentage of shared fault, trucking companies and their insurers often try to shift blame to minimize payouts.
If you were injured in a collision with a truck, our experienced attorneys can help you protect your rights and pursue fair compensation by pushing back against attempts to shift truck accident liability onto you.
Contact Craig, Kelley & Faultless LLC today for a free consultation to discuss your legal options after a truck accident.
What Is Partial Fault in Missouri Truck Accidents?
“Partial fault” refers to situations in which more than one party shares responsibility for causing a crash. The parties may include the truck driver, the trucking company, a manufacturer, other motorists, or even the injured person. In Missouri, each party’s share of responsibility directly affects the amount of compensation they can recover.
How Missouri’s Comparative Fault Law Impacts Truck Accident Claims
Missouri personal injury law follows a pure comparative fault system, which allows an injured person to recover compensation even if they are mostly at fault for the accident. The key rule is that their compensation is reduced in proportion to their percentage of fault. That means, for example, if a jury awards an injured person $100,000 but also finds them 40 percent responsible, their recovery would be $60,000.
Comparative fault law often shapes settlement negotiations and trial strategies in truck accident cases, as trucking companies and insurers aim to assign as much blame as possible to other parties. The various parties’ percentage of fault can significantly affect a victim’s truck accident compensation in Missouri for medical costs, lost income, property damage, and pain and suffering.
State law regarding partial liability in truck accidents also means that every party in the case may face financial liability depending on their proven share of responsibility for the crash.
Understanding Shared Liability for Truck Collisions
Shared fault for truck accidents arises when multiple parties contribute to the events leading up to a crash. In such cases, each party’s respective degree of fault must be identified and supported by evidence.
When several defendants are involved, disputes between their insurance companies regarding responsibility often lead to complex, protracted legal negotiations over how to apportion fault among the parties. For that reason, victims can benefit from having an experienced truck accident attorney who can build a strong case that clearly establishes how other parties’ actions contributed to the collision.
Common Scenarios Where Partial Fault Occurs in Truck Accidents
Partial fault often arises in truck accident cases when a collision has multiple causes. Several contributing factors can overlap, leading to shared responsibility among drivers and other parties involved.
A few examples of common situations where partial fault may apply include:
- A truck driver speeds or follows too closely, and the other driver makes an unsafe lane change.
- The truck’s brakes fail due to poor maintenance, and the passenger vehicle driver was also distracted.
- A trucking company pressures a driver to meet unrealistic delivery deadlines, while the driver exceeds legal driving hours.
- A third-party shipper improperly loads cargo, causing a rollover when the trucker brakes because another motorist suddenly stops.
- Poor weather reduces visibility, and multiple drivers fail to adjust their driving behavior.
Each of these examples shows how multiple forms of negligence can contribute to a single truck crash and impact how compensation is divided. When accidents involve more than two vehicles, determining the role of partial fault becomes even more complex.
How Courts Determine Fault in Missouri Truck Accidents
Courts become involved in truck accident cases when settlement negotiations fail or when disputes over fault and damages require formal resolution. After an injured party files a lawsuit, the court will hear testimony from the parties, evaluate and assess the credibility of the evidence, and determine how much fault each party bears. The court then uses the assigned fault percentages to calculate and award compensation.
Because truck accidents involve commercial vehicles, which are subject to numerous federal safety regulations, the evidence in these cases can be more technical and detailed than that associated with most car crash cases that just involve passenger vehicles. Courts may review:
- Electronic logging device (ELD) data showing driving hours and rest breaks
- Maintenance and inspection reports documenting prior issues with the truck
- Cargo loading records and documentation of weight compliance
- Driver qualification files, including their training and employment history
- Dashcam or surveillance footage from nearby vehicles or roadways
- Expert accident reconstruction reports that explain how the collision occurred
Legal Strategies for Truck Accident Cases with Multiple At-Fault Parties
In any Missouri truck accident case, but particularly those involving multiple at-fault parties, our truck accident lawyers can play a critical role in investigating the crash and developing a strategy that protects your right to compensation. Because trucking companies, insurance companies, and other defendants often point fingers at each other – or at the victim – our attorneys must analyze how to present the facts in a way that minimizes your share of fault.
To that end, our attorneys may pursue strategies that involve conducting independent accident reconstruction, deposing witnesses, and obtaining black box or electronic logging data before it gets lost or destroyed. We might also pursue claims against multiple defendants, such as the trucking company, the truck driver, and the third-party maintenance contractor, to ensure we account for all potential sources of recovery.
Our skilled Missouri truck accident attorneys always tailor our strategy to the specific facts of your case to pursue the most favorable outcome possible for you.
At Craig, Kelley & Faultless LLC, we have been helping injured people in Missouri for over 30 years and have recovered hundreds of millions in compensation for individuals harmed by other parties’ negligence.
Contact us right away to get started with a free consultation and learn more about how our personal injury lawyers can support you in seeking justice after a truck accident.