Key Takeaways
- Both the truck driver and trucking company can be held responsible for a Missouri truck accident under the doctrine of respondeat superior.
- Trucking companies may face direct liability for negligent hiring, inadequate training, or pressuring drivers to violate FMCSA hours of service rules.
- Even when the driver is an independent contractor, the trucking company may still be liable if they exercised control over the driver's work.
- Missouri's pure comparative fault rule allows you to recover compensation even if you share some blame for the accident.
In Missouri, the truck driver and the trucking company can both be held responsible for an accident. Trucking companies are usually held liable for the negligent actions of their employees while on duty, and can also be held directly liable for their own negligence, such as inadequate training, failing to inspect or maintain the truck, or pressuring drivers to violate the FMCSA's hours of service regulations.
Determining Liability in a Missouri Truck Accident
In St. Louis truck accidents, the semi-truck driver is personally liable if their own actions directly caused the crash. This could include distraction while behind the wheel, speeding, intoxication, or any number of other actions.
The trucking company is also typically liable under the legal doctrine of respondeat superior for the actions of their employees while on duty. Even when the trucker is an independent contractor, although liability can be harder to establish, the trucking company may be on the hook for negligent hiring.
Understanding how federal regulations determine trucking company responsibility is important in these cases since the Federal Motor Carrier Safety Administration (FMCSA) has established these rules for safety on the road. When a driver violates these standards, they can be held at fault, though their employers can also face liability.
Before suing the trucking company after an accident, it will require extensive evidence. Our attorneys at The Bruning Law Firm can help you understand your rights and legal options while gathering the evidence you need from electronic logging devices (ELDs), black box data, and maintenance records to get you the compensation you deserve. When the truck manufacturer is responsible for your accident, it can become an issue of product liability, one that our experienced St. Louis trucking accident attorneys have the experience to handle as well.
What If the Truck Driver Was an Independent Contractor?
Even when 18-wheeler drivers are classified as independent contractors, you still have the right to legal recourse with the trucking company in Missouri courts. If the trucking company had control over this driver's work, failed to conduct proper background checks, or the driver was driving a truck that had the company's MC number on it, it can all be linked to trucking company negligence.
How Missouri’s Comparative Fault Rule Applies
In the event that you share some of the fault for the accident, you are still allowed to seek compensation if you are 99% or less at fault. The percentage of blame you are assigned will be used to reduce your compensation by that amount. Our St. Louis truck accident attorneys will investigate and use the evidence to protect you from being assigned more blame than you deserve. Learn more about what if i am partly to blame for the trucking accident.
Frequently Asked Questions
What role does the black box play in proving liability for Missouri truck accidents?
Most commercial vehicles are equipped with a black box that records vital vehicle data. It can capture the vehicle speed, braking activity, and steering angle in the moments prior to a crash. This data can help determine if the truck driver was speeding or failed to brake, or even if a malfunction beyond their control occurred, the latter of which could result in additional liable parties.
Can both the driver and trucking company be named in a lawsuit?
Yes. Under Missouri law, you can name both the truck driver and the trucking company as defendants. The trucking company is typically liable under respondeat superior for the driver's negligent actions while on duty, and may also face direct liability for its own failures such as inadequate maintenance or negligent hiring practices.
Who is liable for a truck accident if the truck had a mechanical failure?
When a mechanical failure causes a truck accident, liability may extend to the trucking company for failing to maintain the vehicle, the maintenance provider for negligent repairs, or even the parts manufacturer under product liability law. Learn more about who is liable for a truck accident.
Contact The Bruning Law Firm
The Bruning Law Firm helps injured victims understand their legal rights and recover compensation from all liable parties in Missouri truck accident cases. Our St. Louis accident liability determination attorneys collect no fee unless we win. Schedule your free consultation today by calling (314) 735-8100.