How to Prove Fault in a Truck Accident in Missouri

The US trucking industry is booming, and large commercial vehicles are far from a rare sight on Missouri roadways. Sadly, when truck crashes happen, they can result in significant injuries and have lasting impacts on the victims.

When such a tragedy occurs, proving fault is one of the first things a victim must consider if they hope to recover compensation.

How Is Fault Determined in Truck Accidents Under Missouri Law?

Fault is determined by:

1. Proving a party owed a duty of care to the victim

2. Showing that duty of care was breached

3. Determining that the negligence of that party was at least partially the reason the crash occurred

Missouri is a pure comparative fault state, meaning multiple parties can share liability in a single accident, and the compensation awarded will be adjusted accordingly.

Under Missouri contributory negligence law, a person can claim compensation even if they are partially to blame, but they have to prove to what extent the other party is liable. If the victim is found liable for 20% of the accident cause, the compensation awarded will be reduced by 20%, for example.

Who May Be at Fault in Missouri Truck Accidents?

The Truck Driver

Driver fatigue, distracted driving, and reckless driving are among the leading causes of trucking accidents. If the driver fails to operate their vehicle safely and responsibly, they may be liable for damages.

The Trucking Company

In some cases, the trucking company faces liability if it is decided that their role in hiring, scheduling, or vehicle maintenance plays a role. Examples include hiring drivers with insufficient training, over-scheduling drivers for longer hours than is legally acceptable, and knowingly using old or unsafe vehicles in their fleet.

Other Involved Parties

Although many truck accidents are the fault of the commercial truck driver or the truck company they work for, it cannot be automatically assumed. Another driver could be responsible- as could the organization or entity responsible for the upkeep of the roads. Sometimes, the truck manufacturer is to blame- if the vehicle proves to be faulty in some way.

It is important to consider all possibilities to rule out other parties before making a claim.

How to Prove Fault in a Missouri Truck Accident Case

Gather as Much Evidence as Possible from the Accident Scene

The success of personal injury claims and lawsuits following trucking accidents hinges on the evidence provided. Being able to show exactly what happened and why is essential. To support this, victims must gather all relevant proof- including police reports, medical records, CCTV footage, dash cam footage, witness statements, and photos.

This evidence is used to reconstruct the event of the incident and show what- or who- was the cause. Like many car accidents, collisions involving a commercial truck may not have a clear-cut cause at first glance, and more than one party may share partial blame. Without evidence to back a claim, the truck driver or company (or other party deemed liable) and their insurance company can deny the fault entirely.

Investigate All Potentially Liable Parties

It helps to look into the background of all potentially liable parties involved- especially the truck driver and the trucking company. An investigation into previous liability claims or accidents, their insurance policies, and personal histories can prove crucial to the outcome.

If possible, try to obtain the data from the commercial vehicle's black box to find out what speed they were going and how long they had been on the road.

Work with Experts whose Opinions Count

Expert testimony goes a long way in these types of cases. This can include an accident reconstructionist, engineers, and medical professionals. Any statement a victim can secure that supports their version of events could be the difference when it comes to settlement negotiations or a court trial.

Act Quickly

Proving fault is not always easy- and it only gets more difficult as time passes. A police report should be filed immediately, and a copy should be acquired as soon as possible to find out if any alternative version of events has been put forward.

Acting quickly lets victims strike while the iron is hot and reduces the risk of valuable evidence being lost or compromised. For more information, the best truck accident lawyer in St Louis MO may be able to help.

Why Is It Crucial to Determine Fault in a Truck Accident Claim?

Without proof of negligence and fault, there is little to no hope for a victim to recover compensation. This can leave them in a difficult financial situation- facing expensive medical bills, lost wages, and other out-of-pocket costs.

Having professional legal representation from an expert in Missouri negligence laws and truck accident cases improves a person's chances of successfully proving fault and winning their claim.

How Can an Experienced Truck Accident Attorney Help Victims?

Unfortunately, it is usually the passenger car occupants that suffer the most severe injuries after accidents involving large commercial trucks. As such, they are often absent from the accident scene in the aftermath due to emergency medical treatment and may not be able to give their side of the story to the police.

Furthermore, trucking companies are well prepared for incidents like this- and will act quickly to deny all liability if possible. Starting on the back foot only makes the process of recovering compensation harder for victims after a truck crash.

A professional truck accident lawyer ensures the victim is neither at a disadvantage nor pushed into accepting low-ball offers during settlement negotiations. They help to gather essential evidence used for proving fault and securing a win for the injured victims.

Determining fault in a trucking accident personal injury claim can be complex, so it helps to have dedicated experts on the case. Powell Law Firm can also explain how to prove fault in a motorcycle accident in Missouri.

Powell Law Firm: Fighting for Justice in Missouri Truck Accident Cases

Powell Law Firm is a team of elite legal professionals with exceptional experience fighting on behalf of truck accident victims. They work tirelessly to build a strong case, prove fault, and hold liable parties accountable for the damages they have caused.

If you are facing an insurance claim battle or truck accident lawsuit in Missouri, don't wait to contact experts who care and can carry you through the legal process. Arrange your free consultation today, and let Powell Law Firm help you prove fault and win the compensation you are owed.