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Truck accidents are usually devastating for everyone. They involve bigger vehicles that could cause severe injuries and even the death of some people. Dealing with the recovery process after such an accident is already grueling enough, and adding monetary expenses on top of that makes things worse.
There's no doubt that truck accidents cost a lot of money. Victims pay hefty amounts in medical bills even for minor injuries.
It's not fair for them to pay for their treatments when the accident wasn't their fault. Hiring an experienced attorney is the best way to get fair compensation for what happened during such troubling times.
Who pays for a truck accident in Missouri? This page has all the information on the topic.
Who's at Fault in Truck Accidents?
The person who pays for the accident is the one at fault. In legal terms, this would be called the "negligent" party. It's the individual who acted recklessly and contributed to the accident.
Determining fault in truck accidents isn't easy, though. There could be multiple parties involved. It's up to the victim and their personal injury attorney to do a thorough investigation to find the true culprit.
There are three common factors leading to truck accidents in Missouri:
Truck Drivers
The case is more straightforward when the truck driver is at fault. They could be speeding, driving while distracted, or behaving recklessly. Trucks are big vehicles, so the slightest mistake while driving could lead to a fatal accident with severe injuries for the victim.
Equipment Failure
A few accidents happen because of equipment failure. Things like faulty brakes or problems with the steering system may lead to a crash. In these cases, the fault lies with the manufacturer of the part that broke or the repair shop that didn't inspect the vehicle correctly.
Trucking Company Negligence
All trucking companies in Missouri have the obligation to ensure that all vehicles are in excellent shape before going out. Likewise, they must train their employees so that they meet the state's safety standards.
When the company doesn't meet those standards, and that causes an accident, it could be held liable.
Out of those three elements, the driver is the "easiest" to prove. In any case, it's always a great idea to seek legal help and gather as much evidence as necessary before talking to an insurance company.
How Does the Victim Establish Fault After an Accident?
Proving fault is directly tied to the compensation the victim gets from their claim. When a person goes into a case unprepared and with insufficient evidence, they may not have enough proof to win.
Most insurance companies will try their hardest to pay the lowest amount of money possible. They'll have a legal team prepared for these situations. This is why it's so important for the victim to have counsel through the legal process.
Victims must prove that the defendant owed a duty of care to them. In this case, they had the obligation to drive safely and avoid reckless actions. They also have to show that the defendant broke that duty of care, leading to the accident.
If the victim can establish that the accident was the cause of the injuries, leading to monetary expenses, they can prove fault.
Some cases may be more straightforward than others. Regardless of what happened, all victims deserve to get the best help available. Hiring a personal injury attorney will give them an advantage that will not go unnoticed.
How Does Missouri's Pure Comparative Fault System Work?
Missouri law works with a pure comparative negligence system. It means that victims can still recover damages even if they're partially at fault for the accident. Their compensation will decrease as their fault increases.
How will the court or insurance adjuster come up with that information? They will do a thorough investigation of the case and assign a percentage of fault to each party. If the victim got 20% of fault for the accident, for example, that would get deducted from their compensation.
The more evidence the victim has to support their claims, the better. Hiring an expert attorney is the best way to handle a case and not get overwhelmed by such a lengthy process.
What Does Compensation Money Cover?
Victims can use compensation money to cover several things, including medical expenses and lost wages. It's not uncommon for a medical treatment to be extremely expensive, so getting support through a truck accident claim comes in handy.
What if the person involved in the accident died? The victim's surviving family members can still seek legal counsel and build a case.
Filing a wrongful death claim is one of the hardest things to do for a family, emotionally speaking. However, it may bring some peace of mind knowing they can get some money to cover the expenses related to their loved one's death.
Is It Necessary to Hire an Experienced Truck Accident Attorney?
It's not necessary, but it's highly recommended.
Truck accident attorneys know how the legal system works in Missouri. They also understand how most insurance companies will try to strategize to pay less to the victim. By creating a solid plan, a semi accident lawyer in St Louis can help the victim get the compensation they deserve for what happened.
Attorneys can support victims in many areas, including gathering evidence, talking to witnesses, negotiating, and more. They're meant to guide the victim through these hard times. They can also explain who pays for a motorcycle accident in Missouri.
Victims can seek a consultation with no upfront legal fees. This allows them to discuss their case with no strings attached and learn what their rights are.
Bottom Line
Any accident involving a commercial vehicle is scary. Besides dealing with physical injuries, victims must also spend months or years treating mental health symptoms. Seeking justice for what happened will not take the accident back, but it will give the victim resources to recover safely.
The Powell Law Firm is ready to help anyone in St. Louis, Missouri. Those wanting to review their case can schedule a free consultation today.
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