Factors that will increase the likelihood of damage recovery involve trucking company and driver’s compliance with state and federal specific trucking restrictions, determination of fault, and the extent of losses through personal injury and property damage. Contact legal counsel to assist with loss determination in Missouri.

Truck accidents increase U.S. Highway fatalities.

Although highway fatalities caused by large trucks in the United States have decreased, thousands of lives are still taken every day by accidents involving trucks.  Every incident is unique, and damages can be settled based on the information obtained by the victims, witnesses and professionals who arrive at the scene.  Multiple factors will assist in the determination of fault.  The size  and weight of a large truck may result in extensive damage and serious injury compared to an accident with a passenger vehicle.  A truck’s heavy weight and length can compromise maneuverability and braking distances leading to crash, jackknife and rollover scenarios where multi-vehicle involvement may occur.  The cargo load may increase the highway dangers when leaks and explosions occur impacting roadway conditions such as the recent dump truck fire on Highway 40 in Chesterfield.  The United States Department of Transportation Traffic Safety Administration estimates over 500,000 truck accidents every year, of which 81% occur in multi-vehicle crash situations.

Size factors into extensive damages and injury.

Commercial motor vehicles including large trucks have restrictions imposed on their drivers because the vehicles already pose a danger to passenger cars on highways due to their size, braking distance, and cargo loads.  Federal and Missouri State Regulations impose mandatory regulations for truck drivers that include:

  1. Truck Drivers must keep an accurate log of their mileage and where they have driven.
  2. Truck Drivers can only drive for a certain amount of time per day, and must stop after they’ve reached that limit.
  3. Tractor Trailers and other Commercial Vehicles must be properly maintained to ensure safety of others on the road.
  4. Commercial Vehicles must maintain and not exceed certain speeds while on certain roads, specifically when pulling trailers or oversized cargo loads.
  5. Certain roadways, tunnels and bridges cannot be used for travel due to weight, size and cargo carry limitations including grade restrictions.
  6. All other safe driver responsibilities that Missouri licensed drivers must adhere to including no driving under the influence, no reckless driving and no driving without a current license.

Actions to take if you are in an accident with a truck in Chesterfield Missouri.

  1. Check on the condition of the people involved in the accident;
  2. Immediately call the police or emergency responders if needed;
  3. Get a written accident report;
  4. Remain at the accident scene;
  5. Exchange driver and insurance information;
  6. Get witness contact information;
  7. Call your insurance company to set up a claim;
  8. Seek out medical treatment if necessary;
  9. Take pictures of the scene, all vehicle damages, and road conditions;
  10. If the truck is a Commercial Vehicle, get State Trooper report;
  11. Do not make any statements regarding the fault or liability at the scene or when making a complaint, but inquire with the truck driver about what happened and maybe they will claim fault;
  12. Call a truck accident lawyer in Chesterfield if there is not clear cut determination of fault at the scene, and a proceeding will have to be initiated.

Damages.

Settlement damages you may receive include compensatory damages, which are those damages that caused economic loss (loss of wages, medical bills, legal fees and property damage) and non-economic loss to victim (pain and suffering).  If the truck driver was found to be grossly negligent, sometimes punitive damages can be awarded that are meant to punish the persons being sued (Defendants).

Contact an attorney.

Action toward the best legal outcome and insurance settlement will include hiring a knowledgeable attorney at Kruse Law Offices, because tractor trailer truck accidents involve multiple complex factors that require specific knowledge of the commercial trucking industry, extensive experience in civil injury laws, and sophisticated investigative capabilities to collect evidence and analyze it to most strongly support a negligence claim.

Kruse Law, LLC

2016 S. Big Bend Boulevard

Richmond Heights, Missouri 63117

Phone: 314-333-4141
Fax: 314-558-3102

Edward C. Kruse: [email protected]

 

Sources:

https://www.modot.org/OSOW

https://www.fmcsa.dot.gov/regulations/title49/section/387.1

https://www.bts.gov/content/transportation-accidents-mode

https://www.truckinfo.net/trucking/stats.htm

https://www.fmcsa.dot.gov/regulations/title49/b/5/3/list

https://www-fars.nhtsa.dot.gov/Vehicles/VehiclesAllVehicles.aspx