Key Takeaways
- Missouri law holds trucking companies accountable when they or their drivers are negligent, including violations of FMCSA regulations.
- Companies can be liable through direct negligence (hiring unqualified drivers, poor maintenance) or vicarious liability for their driver's actions.
- Key evidence like black box data and driver logs can be erased within 30 days — an attorney must issue a preservation letter immediately.
- Missouri's pure comparative fault system allows recovery even if you share some blame, though your award is reduced by your percentage of fault.
Can You Sue a Trucking Company After an Accident?
Yes, Missouri truck accident victims can sue a trucking company if the company or its truck driver was negligent and caused your injuries. Missouri law holds trucking companies accountable under negligence per se as the regulations set by the Federal Motor Carrier Safety Administration (FMCSA) when violated constitute negligence.
Trucking company liability for safety regulation violations is one of the primary ways you can name them in your St. Louis truck accident lawsuit. Understanding these points can help you know what to expect from a truck accident settlement in Missouri. An St. Louis 18-wheeler accident lawyer can evaluate your case and determine the best path forward.
Trucking Company Liability in Missouri
Direct company negligence can be sought when the trucking company hires unqualified drivers or fails to maintain the truck. The company can also be held responsible for the driver's actions through vicarious liability. Understanding who is liable for a truck accident is critical to building a strong case.
If you were injured in a truck accident, you need to take action quickly as Missouri has a statute of limitations set at 5 years. This time limit may seem lengthy but the key evidence you'll need can be erased or destroyed within 30 days and you will want to get a truck accident attorney to immediately issue a preservation letter to stop that from happening. You may also want to understand is the truck driver or company responsible for my accident to clarify all liable parties.
Missouri’s Comparative Fault System
The pure comparative fault system in Missouri also means that you could share some of the blame. You can be up to 99% at fault and still recover compensation, though your award will be drastically reduced by your percentage of fault. Insurers will do everything they can to try to make your percentage of blame higher to reduce your settlement. If you're wondering what if i am partly to blame for the trucking accident, know that our attorneys at The Bruning Law Firm are well aware of these tactics and know how to leverage evidence to keep them from getting away with it.
Frequently Asked Questions
Who is liable in a Missouri truck accident: the driver or the company?
Whether the driver or trucking company is responsible depends on what happened, and in many cases, both can be liable simultaneously. There is also the potential for cargo loaders, maintenance providers, or even the truck manufacturer to share liability. Even in circumstances where the truck driver is an independent contractor, the trucking company may still face direct liability.
What evidence do I need to sue a trucking company in Missouri?
Some of the evidence you need to sue a trucking company for your accident in Missouri will include the police report, photos, and witness statements. However, other key evidence like the black box data, driver logs, truck maintenance records, and company hiring files can be incredibly difficult to get on your own. Our truck accident attorneys can send a preservation letter immediately after the accident to ensure these items are not destroyed or erased.
What kind of common defenses are used by trucking companies in Missouri truck accidents?
Trucking companies facing liability in Missouri courts often argue based on a precedent established in a Missouri Supreme Court case, McHaffie v. Bunch. The defense argues that if the trucking company admits the driver was acting within their specified scope of employment then the company can't be sued for negligence in hiring, training, or retention. Despite this, our St. Louis attorneys can still fight back with punitive damages in the event that the trucking company exhibited gross negligence.
Contact The Bruning Law Firm
The Bruning Law Firm helps victims in Missouri truck accident cases understand their legal rights and options. Our St. Louis trucking company liability attorneys collect no fee unless we win, allowing you to get the legal representation you need to stand up to large trucking companies. Contact us for a free consultation today by calling (314) 735-8100.