Joplin Truck Accident Attorney
Joplin Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Truck Drivers to Get Financial Compensation for Injury Victims.
Our Joplin truck accident lawyers help fight trucking companies with negligent truck drivers by getting financial compensation for truck injury victims in Joplin, Missouri that have had a truck accident with smaller cars, pickups, vans, or motorcycles. Trucking Injury victims can get increased financial compensation when dealing with serious semi-truck crash cases.
Our Joplin truck accident attorneys provide legal representation all over the state of Missouri. Our trucking personal injury attorneys have been helping injury victims with car-truck crashes since 1983. Our client results are magnificent. We have thousands of satisfied car-truck accident clients.
Truck Accidents Lawyer Group (TALG) is associated with Bull Attorneys®. This association of experienced truck accident injury attorneys help families with rebuilding their life after a car accident with a commercial motor vehicle (CMV). Trucking companies and their insurance companies know and respect our ability to litigate CMV accidents.
Our primary offices are in Wichita and Garden City. We will drive or fly to your home or hospital room. Our office in Wichita is at 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is at 3102 E. Kansas Avenue, #100, Garden City, KS 67846. We also work in Missouri.
The Missouri Traffic Crashes 2021 from the Missouri State Highway Patrol reported that 987 people were killed in traffic crashes in Missouri in 2020 which is a 12 percent increase over 2019. Alcohol/drugs and speeding are the two highest causes of fatal crashes in Missouri.
The Missouri State Highway Patrol Statistical Analysis Center reports that there were 15,792 commercial motor vehicle (CMV) crashes in 2021 resulting in 146 fatalities and 2,907 injuries to people. Jasper County had 3 fatalities and 57 injuries in 2021 from CMV accidents. Newton County had 1 fatality and 32 injuries.
The Statistical Analysis Center of the MSHP reported about different types of CMVs for 2021 causing vehicle crashes. Enclosed box trucks caused 2,761 total crashes and 59 fatalities. Cargo tank trucks caused 231 crashes with 8 fatalities. Flatbed CMVs caused 573 crashes with 14 fatalities. Concrete mixers caused 51 crashes and 1 fatality. Grain/chip/gravel CMVs caused 224 crashes and 8 fatalities.
Joplin and the State of Missouri are home to a tremendous number of motor carriers transporting freight and cargo nationwide. In fact, The Joplin Globe reported that Joplin was rated as the “best city for heavy and tractor-trailer truck drivers” from a study by AdvisorSmith. The study found Joplin produces 125% more trucking jobs that other cities.
Given the substantial number of trucking companies and truck driver jobs, Joplin residents must protect themselves because of the high probability of having a car-truck accident with commercial motor vehicles. The region from Joplin to Springfield is “swarming with large trucking businesses.” Three of the largest trucking companies there are Contract Freighters, Inc. (CFI), Transport Distribution Co. (TDC) and D&D Sexton, Inc.
Our Joplin truck injury attorneys are specially trained to understand the FMCSR and CSA BASICs. The DOT uses these regulations and behavioral categories to determine if motor carriers are unsafe. Our trucking attorneys use the same regulations and standards to prove negligence of the motor carrier.
Our Jasper County trucking lawyers help truck injury victims receive financial compensation for:
- Pain and suffering.
- Mental anguish.
- Loss of enjoyment of life.
- Disfigurement and disability.
- Past and future medical bills for medical treatment.
- Wage loss and economic loss when unable to return to employment.
- Vocational retraining.
- Compensation for wrongful death and conscious pain and suffering.
If you have had a car accident or motor vehicle accident with a truck or CMV, it is essential that you speak to a Joplin truck accident lawyer quickly after your accident. We provide free consultations 24 hours a day by calling us at 417-228-6590.
Why do I need a Truck Accident Injury Lawyer?
There are many reasons why a truck injury victim needs a truck accident injury lawyer after their car accident. The primary reasons are discussed here to inform the reader of the absolute necessity of hiring only an experienced Missouri truck accident lawyer. TALG has developed proprietary case development methods that make a truck injury case worth more financial compensation.
Proprietary case development methods our truck accident lawyers use to build truck accidents into larger cases that receive higher financial compensation.
Our proprietary case development methods have been learned through mentoring relationships with truck litigation lawyers who have handed down secret methods that are only passed on to specially chosen tractor-trailer trial attorneys. Some of our unique methods are:
- Scene investigation must be done properly.
Our injury lawyers understand how to analyze fault from critical evidence at the scene. When called immediately the day of the accident we can photograph the point of impact and skid marks, evaluate shoulder debris and other vehicle debris, and talk to law enforcement and witnesses while memories are fresh. - Carefully choosing which parties to sue.
Unrepresented truck injury victims are unable to determine how many different people or companies are negligent and at fault. We carefully study how many parties are at fault so we can increase the amount of insurance coverage to pay for your injuries and financial losses. Many of the negligent parties may not be readily apparent. - Safety management questions for management.
In severe injury cases it is essential that we take depositions of all safety management employees of the motor carrier. Tour understanding of the federal regulations and CSA BASICS, the safety management cycle and how to use the Company Safety Profile against the motor carrier increases the level of negligence in a case. - Investigative techniques are designed to establish negligence.
The investigative techniques we use are designed to increase fault of the motor carrier and prove their level of negligence rises to a much greater level of wrongful conduct referred to as reckless conduct, gross negligence, wanton conduct or willful, fraudulent, or malicious conduct. This helps add punitive damage claims. - Rapid prevention of destruction of evidence.
Critical evidence is lost after the very first day following your car-truck accident. The trucking companies move swiftly to destroy and conceal evidence. Your personal injury attorney must move with equal speed. This requires the use of spoliation letters, rapid lawsuits, and other legal maneuvers. - Study of employment, criminal, and violation rate of truck drivers.
We evaluate the background of the truck driver who caused your accident. We also evaluate the entire hiring process of the motor carrier because unsafe motor carriers usually have a pattern and habit establishing a lack of concern for safety and federal regulations. - Skilled questioning of Safety Directors can increase fault and negligence.
Our Joplin truck accident attorneys have massive databases of safety related questions that are tailored to the documents we obtain from the FMCSA FOIA requests and discovery requests to the defendant trucking company. 40 years of questioning safety management people helps us win your case.
What are Common Types of Commercial Motor Vehicle Accidents that Happen in Missouri?
The motor carrier industry is extremely broad so there are a multitude of common types of commercial motor vehicle accidents that happen in Missouri and nationwide.
The most common types of commercial motor vehicle (CMV) accidents that happen in Missouri are:
- Grain/chip/gravel truck accidents.
Grain/chip/gravel trucks accidents are dangerous because the cargo is heavy and can trailer shifting. These trucks have a higher center of gravity which can cause load shifting and tipping or rollovers. The material being transported must be secured properly. The FMCSA reported in 2020 that there were 149 fatalities and 1,120 injuries from these types of trucks. - Jackknife accidents.
Jackknife accidents occur when the tractor and trailer start to fold and the trailer swings or swivels around the side of the tractor at a 90 degree angle or a complete V angle. This usually happens from truck driver error in braking. Death and severe trauma results to occupants of nearby passenger vehicles. - Medium-duty trucks and enclosed box truck accidents.
Medium-duty trucks are also called Class 3-6 trucks. They weigh from 10,001 to 26,000 pounds and are made up of a variety of trucks like bucket trucks, box trucks and delivery vans. The FMCSA reported that there were 1,917 fatal van and box truck crashes in 2020 with 19,651 injuries. - Rollover accidents.
Rollover accidents happen when the truck or tractor-trailer tips on its side and begins to rollover. The FMCSA Cargo Tank Rollover Prevention Brochure informs truck drivers they are preventable. Most are caused by driver error with behaviors like drowsiness, inattention, and incorrect turning. The size of the load is a factor in 63% of rollovers. - Concrete mixer truck accidents.
Concrete mixer trucks fall into the class 8 heavy truck category. These trucks carry their load in the mixing drum making then top heavy, unstable and are generally known to have a rollover rate that is 10 times the average rollover rate for large trucks. The FMCSA reported that in 2020 there were 49 fatalities from concrete mixer trucks and 594 injury crashes. - Blind spot accidents.
Large trucks and semi-trucks have blind spot areas. Blind spots are called “No Zones” around the front, back and sides of the vehicle. The truck driver cannot see you in these no zones. To prevent injury to you and your family, never linger in a blind spot. - Dump truck accidents.
The FMCSA reported that there were 405 fatalities and 4,419 injuries from dump trucks in 2020. Dump truck drivers are required to have a class B commercial driver’s license so the truck driver can operate a truck weighing more than 26,000 lbs. but less than 33,000 lbs. - Flatbed accidents.
The FMCSA reported that in 2020 flatbed truck accidents caused 528 fatalities and 4,717 injuries. Flatbed trailers are used to carry many different types of cargo. The truck driver operating a flatbed trailer must follows the cargo securement rules. Tiedowns must be secured in a fashion that prevents it from becoming loss, unfastening or releasing while in transit. - Underride accidents.
The NHTSA defines a truck underride crash as a collision where a car slides under the body of a truck like a tractor-trailer due to the height difference between the vehicles from the rear or side. Part 393.86 of the FMCSR requires trailers to have rear impact guards to meet the standards in Sections 571.223 and 571.224. - Wide turn accidents.
Wide turns and U-turns by truck drivers are common and occur when the truck driver is turning from the wrong lane of travel. The truck driver is usually at fault for making these turns without proper space or assistance from safety persons helping direct them. Be cautious when near semi-trucks who are attempting to turn. - Pole truck accidents.
Pole trailers are used for transporting poles and logs. The FMCSA reported in 2020 that there were 20 fatalities and 117 injuries caused by pole truck accidents. - Head-on accidents.
The DOT warns passenger vehicles about vehicle head-on because they are the most harmful event in 14 percent of all traffic fatalities each year and cause 27 percent of all roadway departure fatalities. Between 2016 and 2018 the DOT and the FHA identified 5,248 fatalities which were a result of head-on crashes.
How do Large Truck Rollovers Happen?
The FMCSA studied rollover accidents to determine methods to prevent future rollovers.
The study was entitled Analysis of Large Truck Rollover Crashes and is a part of the Large Truck Crash Causation Study performed by the FMCSA where 239 rollover crashes were studied. The reasons for large truck rollover crashes are many, but include the following truck driver errors:
- Speed related rollovers.
At least half of the rollovers occurred from large trucks traveling around curves at high speeds that were too fast for the tractor-trailer to maneuver the curve. Misjudged speed at which the curve could be taken was a significant error. Other errors were driver anger, driver oversight, being in a hurry, loads being too heavy and problems with brakes on the tractor-trailer. - Lack of attention.
54 instances showed that the rollover was due to driver lack of attention to the task of driving. Inattention causes sudden driver course correction with causes the rollover. - Falling asleep at the wheel.
At least 20 of the rollovers were caused from a truck driver falling asleep at the wheel or being so drowsy that they were unaware of their surroundings. - Driver distraction.
Driver distraction was responsible for 13 of the rollover crashes. Distraction was due to passengers, co-drivers, CB radios, tuning the radio and cell phone usage. - Control-related rollovers.
Driver error in controlling the vehicle were responsible for 46 rollovers. Steering error like oversteering or understeering was a significant cause. Following too closely and turning too quickly were other driver errors related to improper control. Improper braking was another control factor. Failing to downshift was part of the control error. - Lack of adequate visual search.
Inadequate visual search by not looking in the right place at the right time contributed to 8 rollovers. - Pre-operation errors.
Pre-operation errors like failing to assure security of the load in the tractor-trailer and poor driver mental and physical condition caused 2 of the rollovers. - Other drivers.
In 32 of the rollovers the truck driver was not the responsible party and another driver caused the truck driver to have a rollover. - Poor vehicle condition.
Poor vehicle condition caused 13 of the rollovers with instances like poor tire tread depth and blowouts, sudden brake failure, steering mechanism loss of control and improper loading before the truck driver obtained the load.
What is a Driver Qualification File?
Driver qualification files on truck drivers must meet stringent requirements about the prior history and background of the truck driver. Part 391.51 of the FMCSR requires that the motor carrier create a driver qualification file. That file must contain all of the following information regarding their background check and qualification of the truck driver:
- The truck driver’s signed application for employment.
- A copy of the motor vehicle record on the driver’s commercial driver’s license.
- A certificate of a road test issued to the truck driver.
- Annual notes reviewing the truck driver.
- A medical examiner’s certificate that the driver is physically qualified to drive safely.
- Proof of the inquiry to prior employer’s of the truck driver as required under Part 391.23 which includes an investigation of the driver’s safety performance history with the DOT. It requires that actual investigation of the driver’s history be obtained from prior employers. It must investigate their accident history. It also inquires as to alcohol and substance abuse problems.
- The file must have proof of their testing of the driver prior to hiring for alcohol and drugs.
What is the Statute of Limitations to Bring a Claim for Injuries from a Car and Truck Accident in Missouri?
When a person has an accident involving a car, truck or motor vehicle and is injured in the state of Missouri the statute of limitations is five years from the date of accident under Missouri Revised Statute 516.120. However, wrongful deaths in Missouri have a shorter statute of limitations of only three years.
If you have a car accident with a tractor-trailer it is unwise to wait for the statute of limitations to expire. You should immediately hire a Joplin truck accident attorney because evidence is quickly lost and the memories of witnesses fade with time.
What are Common Types of Injuries that Happen After a Truck Accident in Missouri?
Missouri is a large state with many intrastate and interstate highways running throughout the state. Missouri has I-44, I-70, I-49, I-35, and I-55 plus several US highways making it a dangerous place where thousands of tractor-trailers and box or panel trucks cause fatalities.
As of 2021, large trucks caused 5,788 fatalities Commercial Motor Vehicles (CMV) across the nation. The NHTSA reports that at least 71 percent of all people killed in large truck accidents are the occupants of other motor vehicles.
The common types of injuries after a truck accident in Missouri are:
- Cuts, bruises, and broken bones.
Even smaller impacts with heavy commercial trucks are likely to cause cuts, bruises, and broken bones. As the impacts become faster with more severe force the bones can end up with severe retropulsion burst factures to vertebrae in the spine or splintered or fragmented fractures commonly referred to as comminuted. - Concussion and traumatic brain Injuries.
With large trucks and heavy weight, a head trauma can cause a concussion or long term traumatic brain injury (TBI). Many emergency rooms quickly assess head injuries and miss the correct diagnosis when they do not find a skull fracture or hemorrhage. Diagnosis of TBI requires clinical assessment plus the use of DTI or similar radiological machines. - Internal injuries.
Large truck crashes commonly result in internal injuries to the occupants of the smaller motor vehicles. These injuries can require long term hospitalization, organ removal and death. - Neck, shoulder, and back injuries.
Neck, shoulder, and back injuries happen from the acceleration and deceleration forces or from crush injuries to the vehicle compartment. - Nerve injuries.
Nerve damage frequently occurs after a truck accident with a car or pickup. The nerves in the spinal cord can be damaged from fractures and swelling or compression. Nerves in the upper extremity and shoulder like the brachial plexus nerve bundle can be severed due to shear forces where the person loses all sensation and movement in the arm. - Internal organ injuries.
Blunt force trauma from a heavy truck can compression the organs and cause permanent damage. In most cases, surgery may be required to save or remove a damaged organ. Kidneys are one of the most common organs that are damaged in truck accidents. - Amputations.
The trauma of a large truck crash can cause massive injuries to arms, legs, hands, and feet. In some instances, the body part is severed and in other cases infection develops which causes the need for repeated debridement and ultimately ends with amputation to a body part. - Wrongful death and survival claims.
In Missouri wrong death actions are limited to the spouse or children or the father or mother of the deceased. Survival actions can be filed when the person had conscious pain and suffering prior to death. The survival claim is the only type of claim that will allow punitive damages for a wrongful death.
What Type of Kind of Damages are Allowed for an 18-wheeler Accident in Missouri?
- Economic damages.
Missouri law allows an injured person in an 18-wheeler accident to recover economic damages for damages which can be financially calculated like medical bills, wage loss and rehabilitation expenses and vocational retraining. - Noneconomic damages.
Missouri law allows an injured person in an 18-wheeler accident to recover non-economic damages for subjective damages and losses like pain and suffering, mental anguish, and loss of enjoyment of life. - Punitive damages.
Punitive damages are allowed in Missouri under Missouri Revised Statute 510.261 when the actions of the truck driver or trucking company are proven by clear and convincing evidence to show that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
Are Semi-truck Accident Cases in Missouri Difficult to Win?
Semi-truck accident cases in Missouri are difficult to win which makes the need for an experienced Missouri truck accident lawyer even more important to the injury victim.
Eight reasons that semi-truck accidents in Missouri are difficult to win:
- Identifying everyone at fault is not easy.
Car-truck crashes always require evaluation of the negligence of every possible party. Sometimes, all parties may not be readily identifiable until a lawsuit is filed and discovery is issued to see who other potential negligent parties are. Finding all at fault defendants can be a difficult task. - Comparative fault of drivers and businesses are compared.
When the truck driver or motor carrier has fault then their percentage of fault is compared against the fault of the driver of the other vehicle. Luckily in Missouri, unlike Kansas, it has a pure comparative fault system where the injured person can still recover monetary compensation even if they are partially to blame for the accident. - Company Safety Profiles are not readily public.
While 5 of the 7 behavioral categories in a safety management cycle are available online to the public, the most important categories are only available to the trucking company management and to truck accident attorneys that send FOIA requests to the DOT and FMCSA. - Maintenance records can be destroyed.
Part 396.3 requires the motor carrier to retain maintenance records for a period of one year and for 6 months after the motor vehicle leaves the motor carrier’s control. The difficulty happens when the insurance company removes the vehicle due to damage. Motor carriers often chose to mysteriously lose maintenance records quickly in that event. - Employment history of all drivers.
When a car-truck crash is evaluated the trucking attorney must not just study the employment history of the at fault driver, but must obtain hiring, training, and supervision procedures, new hire rates and training evidence for all truck drivers. When a routine business pattern of negligent hiring and training evolves, punitive damages may be available to the injured person. - Black boxes can lose data.
The ECM module known as a black box may only record the driver and vehicle’s actions and maneuvers for 20 seconds prior to impact. Many black boxes only record three events and then the earlier events are automatically erased with the newer events. Trucking lawyers need to send immediate spoliation letters to save the critical data from your accident. - Scene evaluation.
The scene evidence may be the most important evidence in the case. When this evidence is not obtained immediately after the accident the job of your personal injury lawyer is much more complex because it must be put together through analysis of police investigations, insurance company investigations and accident reconstruction experts. - Disciplinary Policies.
The disciplinary policy of the trucking company will identify standardized safety rules to ensure truck drivers follow safety regulations and policies. The complexity comes from proving that the trucking company negligently fails to discipline drivers with a standardized discipline policy.
What are The Dangerous Roads and Intersections in Joplin, Missouri?
Because the trucking industry is so prevalent in Joplin and the entire state of Missouri there are many highways and interstate roadways used by tractor-trailers, box trucks and delivery trucks traveling through major cities near Joplin. Approximately 27 percent of the I-44 traffic stream are trucks.
The most dangerous roads and intersections in Joplin are:
- Interstate 44.
I-44 is an east-west interstate and connects Joplin to Springfield, St. Louis, Tulsa, and Oklahoma City. MoDot has identified multiple safety problems for I-44 in the I-44 Purpose and Need Statement, including inadequate roadway capacity, unsafe interchanges and truck traffic on I-44 causes a negative impact on traffic flow because of the severity of the accidents.
- Interstate 49.
I-49 is an interstate running north-south extending from Joplin south to Bentonville, Rogers and Fort Smith Arkansas and heading north to the Kansas City Metro area which is a major trucking route for refrigerated foods and other types of freight that requires rapid delivery.
- US-71 highway.
US-71 highway is another truck route that is to the east of Joplin connecting the highway south to Fort Smith, Arkansas and north towards Kansas City making it a dangerous highway for passenger vehicles. - US-66 highway.
Historic US-66 highway is connected to I-44 on the west side of Joplin and still draws considerable traffic.
- East 32nd Street.
East 32nd Street runs east-west across the eastern edge of the city and is where Contract Freighters, Inc. (CFI) is headquartered, which draws substantial tractor-trailer traffic. North Garrison Street similarly has heavy truck traffic since it is a road of travel to CFI.
- East Semi Lane.
East Semi Lane runs adjacent to South Kenser Lane and provides direct access to Transport Distribution Company (CDC), a large trucking company. This area will have heavy traffic from large trucks and tractor-trailers.
In a Truck Accident Does More Than One Defendant Exist?
In most truck accident cases there are usually more than one defendant to bring a claim against. Obviously, a negligent truck driver is the first defendant. Their employer is almost always a defendant because the employer is responsible for the negligent actions of their driver that is performed while working in the course and scope of employment.
Eight other possible defendants in a truck accident in addition to the truck driver and motor carrier are:
- Master Shipping or Transportation Company.
Master shipping or transportation companies transport freight across the entire 48 states in the US. The logistics of having this large of a company requires them to hire smaller motor carriers and independent truck drivers. When the Master negligently hires and selects unsafe drivers and motor carriers, the Master can be a potential defendant in the case. - Leasing companies.
Leasing companies enter into contracts and leases with drivers and motor carriers attempting to shift fault away from them. Regardless of the contracts or leases, when they control the actions of the other motor carrier or its drivers, they may be a potential defendant in your car-truck accident case. - Improper maintenance by outside repair shops.
Motor carriers are required to inspect and properly maintain all tractors, tractors, and trucks in good repair. A large number of car-truck crashes happen annually from bad brakes, bad tires, and bad safety equipment. These companies can add a second layer of liability insurance coverage and may be a potential defendant. - Trailer manufacturing companies.
When trailers are negligently manufactured and are not capable of holding the load of cargo, they were designed, they can shift, rollover or jackknife. If their rear underride protection devices are not built to appropriate federal standards and another vehicle drives under the trailer this can make the company a defendant. - Dispatcher negligence.
Dispatchers must track the driving hours of truck drivers to make sure they do not violate Part 395 on maximum driving time. When they do not reroute truck drivers from bad weather conditions or order them to cease operations, they are negligent and can be sued. - Loading companies.
When loading companies negligently load trailers it can lead to truck rollovers and jackknife crashes or head-on collisions. Loading companies may be a potential defendant in your case. - Insurance companies.
Insurance companies can be added as party defendants in certain states where there is a direct action against the insurance company. - Brokers acting as middlemen.
Brokers arrange for the shipment of freight and take a percentage of the money from the transportation. Many brokers are negligent in the hiring and selecting of truck drivers and motor carriers, making them potential defendants in car-truck crashes.
What are Eight Common Causes of Semi-Truck Accidents in Missouri?
Eight common causes of semi-truck accidents in Missouri are:
- Fatigued driving.
The National Institutes of Health and NCBI reported that truck driver fatigue is associated with 13 percent of large truck crashes. - Drunk and drugged driving.
Professional truck drivers are held to a higher standard of safe driving with federal regulations making it illegal to drive when they have .04 alcohol concentration in their blood. Both illegal and legal drugs can require truck drivers to stop driving. Forbes reported that 6.7 percent of large truck accidents involve drunk driving or driver intoxication. Drivers in possession of methamphetamine are violating 49 CFR 392.4(a). - Distracted Driving.
An FMCSA study from 2009 found that 71 percent of large truck crashes happened with the truck driver was doing something besides driving the truck and was not focused on the task of driving. - Speeding.
According to the FMCSA speeding was the most frequent driver related factor in fatal crashes with commercial motor vehicles (CMV) making up 7.3 percent of all CMV fatalities. - Improper loading techniques.
Improperly loaded trailers shift the trailer back and forth across the traveled highway. This causes rollovers and jackknife accidents and can cause head-on accidents. - Following too closely.
The Large Truck Crash Causation Study (LTCCS) found that 5 percent of truck crashes occurred when the commercial motor vehicle driver was following the lead vehicle too closely. - Right of way.
The FMCSA published the 2019 Large Truck and Bus Crash Facts finding that 4.6% of fatal crashes involving large trucks were due to failing to yield right of way. - Abrupt and improper lane changes:
Abrupt and improper lane changes are a sign that the truck driver is fatigued. The 2019 LTCCS FMCSA study reported 3 percent of fatalities with large trucks were from improper lane usage.
Frequently Asked Questions
What is coercion of a truck driver?
Coercion happens when a motor carrier threatens to withhold work from a truck driver or punishes a truck driver for refusing to violate federal regulations. Three things must occur. First, the motor carrier must request the driver violate the regulations. Second, the driver informs their employer the task would violate the regulations. Third, the employer threatens the truck driver.
If I am partly at fault for a truck accident, can I still bring a lawsuit against the trucking company?
If you are partly at fault, you can still collect damages. In Missouri, a pure comparative fault state, you will lose the percentage of your own fault as an offset against your jury award but can still collect the difference. In Kansas, you can still recover until you are 50% at fault and then you recover nothing.
Can I still sue the trucking company if the driver is only an independent contractor?
Normally, a truck injury victim can sue the trucking company when the truck driver was working in the course and scope of employment or agency for the employer or master.
Contact Joplin Office
- Why You Need a Truck Accident Injury Lawyer
- Common Types of Commercial Accidents
- How Large Truck Rollovers Happen
- What is a Driver Qualification File?
- Statute of Limitations
- Common Types of Injuries
- Types of Damages Allowed
- Semi-truck Accident Case Difficulties
- Most Dangerous Roads & Intersections
- 8 Possible Defendants in Truck-Accident Case
- 8 Common Causes of Semi-Truck Accidents
- Frequently Asked Questions
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.