Missouri Trucking Accident Lawyers

Did a Big Rig or Semi-Truck Hit You?

You have a legal ally in the Law Office of Tom Wagstaff Jr. after a truck driver crashed into you. Our Missouri truck accident attorneys stand up to trucking companies, insurance providers, and any other party or organization that is liable for our clients’ injuries and losses. We are never intimidated by the opposition, and we are always driven to get the most compensation possible for our clients. If you’ve been hit by a truck, hit back with a claim or lawsuit built by our highly experienced and reputable attorneys.

We serve clients in St. Louis, Springfield, Columbia, St. Joseph, Joplin, Jefferson City, and more. Call (816) 597-4556 to discuss your legal options after a truck accident.

Negligence That Causes Truck Accidents

Behind every truck accident is some type of negligence that caused it. When one party’s negligence causes injuries to another person or party, Missouri law allows the injured party to demand compensation from the negligent party. Therefore, after a truck accident, the first question to explore is often: “What negligent act caused the truck accident?”

Negligence that often contributes to trucking accidents across Missouri includes:

• Exhaustion: Truck drivers can be scheduled to work incredibly long shifts, sometimes more than 14 hours of work in one day. As the shift drags on, truck driver exhaustion sets in.
• Impairment: Some truck drivers resort to using over-the-counter stimulants to stay awake on long shifts. When the drugs start to wear off, they can feel terrible side effects that impair their driving ability, such as drowsiness, blurred vision, etc.
• Speeding: Truck drivers are often paid by the mile, not the hour, so completing a route in less time can earn the driver the same pay and a shorter workday. This payment system may motivate some negligent truck drivers to break the speed limit.
• Unsecured cargo: A load crew that overloads a truck’s trailer or does not secure the cargo properly could put motorists in danger. During transit, loose cargo can fall onto the road, or an overloaded or top-heavy trailer can tip over.
• Inadequate maintenance: Commercial trucks, big rigs, semis, tractor-trailers, and 18-wheelers all need routine maintenance to check for issues and defective parts. If maintenance is allowed to slide, a truck part could fail while the vehicle is on the highway, resulting in a trucking accident.

Proving Liability in a Truck Accident Claim

An investigation into your trucking accident could reveal that one or several parties are liable for it. The truck driver, trucking company, or truck manufacturer could be liable depending on the factors that caused the wreck. Even the company responsible for loading the trailer or maintaining the truck’s moving parts could be liable if they were negligent in their duties. Part of our role as your Missouri truck accident lawyers will be to find and use evidence that proves what party is liable and why.

Evidence that could help us establish liability in your trucking accident claim is:

• Dashcam footage: Let us know if you have a dashcam that recorded the crash. We can also check if any other parties had a camera that recorded the accident.
• Eyewitness statements: Our Missouri trucking accident lawyers can interview eyewitnesses and other drivers who saw what the truck did to cause the crash.
• Electronic onboard record (EOBR) data: Many modern commercial trucks have EBORs that record various points of data, such as when the last time the truck driver took a break. An analysis of EOBR data could reveal negligent decisions that make the truck driver liable.
• Accident records: If the trucking company has a long history of accidents caused by its fleet of vehicles and drivers, it might indicate that the company has inadequate safety and training protocols.
• Accident reconstruction: In some cases, an accident reconstruction expert can be hired to piece the scene of the crash back together to determine the sequences of events leading to the collision. We usually consider the help of an accident reconstruction expert for complicated accidents that involve multiple vehicles other than the commercial truck.

FMCSA Regulation Violations Can Cause Liability

Another strong indicator of trucking company or truck driver negligence is if a Federal Motor Carrier Safety Administration (FMCSA) regulation was violated before the truck accident. The FMCSA has a series of strict rules and regulations that trucking companies and truck drivers alike must follow. Violating the rules is always considered unacceptable and can significantly increase the risk of a crash, depending on what regulation was violated.

We can investigate your case to see if any FMCSA regulations were violated, such as:

• Hours-of-service limits: Most truck drivers can’t be scheduled to drive more than 11 hours in a single shift and must take 10 consecutive off-duty hours beforehand.
• Break requirements: According to the FMCSA, most truck drivers must take an off-duty or sleeper-berth period after working for 8 hours.
• Weight limits: Semi-trucks cannot weigh more than 80,000 pounds when the entire truck and trailer are weighed together.
• Speed limits: Along most highways in Missouri, speed limits for commercial trucks and big rigs are set to 55 mph, which is slower than the average passenger vehicle.

Trucking Accidents Cause Catastrophic Injuries

Were you seriously injured in a trucking accident? Due to the massive size and weight of the average commercial truck compared to the average passenger car, it was statistically likely that your injuries would be severe in the crash. But don’t let your injuries remain as just a statistic, team up with the Law Office of Tom Wagstaff Jr. to stand up for your rights and pursue compensation for your life-changing injuries.

People who are injured in trucking accidents often suffer these catastrophic injuries and more:

• Head injuries
• Traumatic brain injuries (TBIs)
• Whiplash
• Spinal cord injuries
• Broken bones
• Soft tissue injuries

Our Missouri trucking accident attorneys are also well-versed in the nuances and legal challenges of wrongful death claims. If you lost a loved one due to the negligence of a commercial truck driver, we can guide you through a wrongful death claim that demands justice and compensation in their memory.

Damages in Truck Accident Claims & Lawsuits

Just as trucking accidents often cause catastrophic injuries, they also often cause steep damages and losses. While a successful trucking accident claim can help you find closure, it can also secure compensation to help make you financially whole again, which can feel more important in some situations. Let us be the legal team you trust to pursue the full amount owed to you because every penny counts when you lost it due to someone else’s mistake.

Damages in a truck accident claim can be categorized into two main types:

• Economic: Economic damage relates to tangible, financial losses caused by the truck accident, like medical bills and lost wages.
• Non-economic: Non-economic damage relates to intangible yet equally important losses caused by the truck accident, such as your pain, suffering, and traumatization.

In rare cases, a court might approve punitive damages designed to punish the defendant, rather than compensate the plaintiff. Missouri only allows punitive damages when it can be proven by “clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with deliberate and flagrant disregard for the safety of others.” Under this limitation, punitive damages might not be available in your case.