Cape Girardeau Truck Accident Lawyer

Why Collisions With Tractor-Trailers are More Complicated

You need to involve a Cape Girardeau truck accident lawyer with your claim because these cases can be incredibly complicated. It will help to understand those complexities to bolster the support you’ll get from your attorney. Here are some of those reasons:

There Are More Parties Involved

No matter a truck’s final destination, many parties are involved in the journey. In addition to the actual truck driver, there is the trucking company that hired that driver and is responsible for providing maintenance on the truck. There is also the freight company that was responsible for loading the cargo and the manufacturers of the truck parts and components. Anyone of those parties could be held partially responsible in a truck accident.

There Are More Severe Injuries

A fully loaded semi-truck can weigh over 40 tons. The impact of a collision with that kind of rig can lead to catastrophic injuries. These injuries often involve surgery, hospital stays, and months of physical therapy and recovery. Here are some of the severe injuries that can be caused in a truck accident:

• Spinal cord injury
• Whiplash
• Amputations
• Concussion
• Traumatic brain injury (TBI)
• Internal organ damage
• Fractures
• Lacerations
• Disfigurement
• Burns

In addition to those physical injuries, there can also be chronic mental health issues, such as post-traumatic stress disorder that can trigger bouts of depression, stress, and anxiety. These injuries and their impact on your daily life must be proven and considered to assess your damages thoroughly.

There Are More Complex Investigations

In a truck accident, many factors beyond the truck driver’s actions need to be investigated. Investigations into these types of accidents can involve searching the truck driver and truck company’s history.

There Are More Damages

A truck crash can involve multiple vehicles and severe injuries. That can mean several other plaintiffs who are also seeking damages from the same at-fault parties. All those claims can add to the complexity of how much an insurance company is willing to pay.

There Are Complex Federal and State Regulations

The trucking industry is highly regulated. In addition to the rules established by FMSCA, there is also the Missouri Trucking Guide put out by the Department of Transportation. Although make of those rules align, your Cape Girardeau truck accident lawyer has to decipher which rules might have been compromised in your collision. Here is a sample of some of these trucking regulations that truck drivers and trucking companies must adhere to:

11-Hour Driving Limit

A truck driver is allowed to drive a maximum of 11 hours after 10 consecutive hours off duty. They may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Any off-duty time does not extend the 14-hour period.

30-Minute Driving Break

A truck driver must take a 30-minute break after they have been driving for 8 hours.

60/70-Hour Limit

A truck driver cannot get back on the road after 60/70 hours of driving over 7/8 consecutive days. When drivers have reached those limits, they can “restart the clock” after 34 or more consecutive hours off.

Maintenance Related

A trucking company is responsible for consistently inspecting, repairing, or maintaining all motor vehicles subject to its control. They must also take reasonable measures to ensure all parts and accessories are in safe and proper condition at all times.

How a Cape Girardeau Truck Accident Lawyer Identifies Responsible Parties

A collision with a truck could mean there are potentially several at-fault parties. Each of the following parties could be named in a claim:

The Truck Driver

The truck driver can be primarily at fault for your accident. Although there might be mitigating factors, their negligence needs to be proven in order for you to prevail in your pursuit of compensation.

The Trucking Company

The trucking company is the entity that hired the driver. If it is established that the driver has a history of traffic violations or lacks the experience and certifications to drive the truck, but the company still hires them, it could be held liable. Ignoring those issues can be construed as negligence.

The Truck Owner

A new semi-truck can cost anywhere from $70,000 to $250,000. That makes it a very significant investment for a truck company or other entity that owns the rig. As the owner, they have the responsibility to keep that truck well-maintained. If the truck driver reports a problem and it isn’t attended to, that could also be seen as an act of negligence.

The Truck Manufacturer

If it is proven that a defective part caused the accident, the manufacturer of that part can be held liable. Keep in mind that if that part was on a recall list, that doesn’t excuse the manufacturer from being found liable in the accident.

The Freight Company

FMCSA also sets rules for cargo securement. The freight company is charged with loading and securing the cargo, which needs to follow weight restrictions. When a truck is overloaded, it risks jackknife and rollover accidents, and the cargo loading team can be held responsible for those accidents.

Collecting Evidence in a Truck Collision Claim

Everyone who is involved in an accident has a version of what happened. Sometimes, those versions can be in conflict. If a driver is guilty of a crime like driving under the influence or speeding, they might not admit to that fault, but it would still be part of their version. When you make a claim, you and your truck accident attorney must gather the right evidence to support your version of what happened. The type of evidence that can support your claim can include the following:

Truck Driver Logs

A truck driver is required to keep meticulous records of all their driving time and mileage route information. If driver fatigue is a factor in the accident, then the driver’s log could support the theory that the driver was negligent because they didn’t take the proper rest.

A Trucker’s Toxicology Report

Suppose there is a suspicion of a driver operating their rig while under the influence of drugs or alcohol. In that case, they will need to submit to sobriety tests, including a breathalyzer and blood alcohol content (BAC) screening. The results of that toxicology report can be used in any criminal charges against them and in your accident claim.

A Truck Driver’s Employment Records

There are different classifications of commercial driver’s licenses. Each classification determines the size of the truck the driver is qualified to operate. The driver’s employment records will also demonstrate how long they’ve been driving and what type of cargo they’ve worked with. Those records will also reveal a history of any accidents or traffic violations. That can establish a pattern of negligence, which can be used to prove your version of the accident.

A Truck’s Electronic Data Recorder

Many commercial trucks have cutting-edge technology that provides a lot of data. These systems are similar to an airplane’s black box. The truck’s electronic data recorder collects the following information:

• GPS location
• Speed
• Steering
• Braking
• Gear shifts
• Mileage

Dashcam Footage

A majority of truck companies require drivers to have dash cams. Those cameras document the road head, behind, and even the driver’s actions. All of that footage can be used as evidence in your case.

The Load Manifest

Whenever a truck is loaded with cargo, it is given a manifest. The manifest details what the truck is carrying and how much of that item it is carrying. It will also detail where, when, and who loaded that cargo. A truck with unsecured cargo is at a higher risk of getting into an accident, especially in bad weather conditions.

A Truck’s Maintenance Records

A truck’s maintenance records will indicate when a problem showed up during an inspection. More importantly, they will also show when that repair was made or if it was made at all. That can be an important issue, especially if there are problems with the truck’s brakes, tires, or suspension.

Crash Reports

The police who respond to the scene will generate a crash report, as will reports from federal investigators. Those reports will provide details of the accident, such as road and weather conditions. They will also include witness statements, photos of the accident, and any citations issued against the truck driver. All of that information plays a crucial role in determining how the accident happened.

Common Causes of Truck Accidents in Cape Girardeau

Another critical component of building your truck accident claim is specifying the cause of the accident. Any one of the following causes could be the primary reason for the crash. It can also establish that the truck driver and other parties breached their duty of care. That is how negligence is established. Which of these common causes were part of your accident?

• Speeding
• Brake failures
• Unsafe lane changes
• Unsafe left or right turns
• Tailgating
• Jackknifing
• Reckless driving
• Drowsy or fatigued driving
• Driving under the influence of alcohol or drugs
• Distracted driving
• Inexperience
• Deferred maintenance
• Manufacturing defects
• Unsafe truckloads
• Unfamiliarity with routes

How Prince Law Firm Takes on Insurance Companies

Prince Law Firm has a lot of experience taking on insurance companies. Those carriers will work hard to deny a claim. In a trucking accident with multiple at-fault parties, the pressure is on for the insurance company to shift some of the blame for the accident onto you, the victim of the accident. Those insurance companies will deploy some of the following methods that need to be defended against:

Lowball Settlement Offers

While you’re still recovering and the bills are coming in, the insurance company might call you directly with an offer. It might seem like a significant amount of money as a lump sum payout. However, that amount will most likely be a low-ball offer that won’t take into account all of your possible damages.

Record Conversations

Missouri is a one-party consent state. That means the insurance company can record any phone or Zoom conversations they might have with you without informing you. Something you say in passing could be taken out of context or misconstrued to make it seem like you’re at fault for the accident.

Obtain Your Medical Records

The insurance company might be able to obtain your medical records, which include your entire history. They will look for pre-existing conditions that demonstrate that your injuries might not be related to the accident.

Get Testimony From a Medical Expert

Your doctor can be called on to support the extent of your injuries. The insurance company can also call their own experts to downplay your doctor’s recommendations.

Search Through Your Social Media Posts

The insurance company will scrutinize your public social media posts. They will be looking for any comments you make about the accident or your injuries. They could use that evidence that your injuries aren’t as severe as you claim.

Our Truck Wreck Attorneys Don’t Back Down When Pursuing Justice for You

Here at Prince Law Firm, we are extremely familiar with all of these above-referenced tactics insurers use to discount or deny your claim or make a low-ball settlement offer. Our case victories demonstrate that we have been very successful in combating those tactics and prevailing on behalf of our clients.

If you or someone in your family has been impacted by a truck collision, you deserve to have a strong advocate. Call to set up a free consultation with a Cape Girardeau truck accident lawyer so we can hear what happened and discuss what should happen next. Make the appointment today.