Trucking accidents can be frightening, dangerous situations. While normal vehicle accidents generally involve two vehicles of roughly the same size, trucking accidents can cause great harm–both financial and physical–to the smaller vehicle. The size, weight, and extended driving periods are all contributing factors to trucking accidents.
However, in the aftermath, many begin to wonder who is held liable for trucking accidents. The driver may have been at fault, but trucking companies are often responsible for their employees. Even then, some truck drivers are contractors, owner-operators, or regular employees. Knowing who is at fault and who is responsible for compensation may be difficult.
A skilled Missouri personal injury attorney from Steelman Gaunt Crowley may be able to help clarify the details of a trucking accident case. For more information, consider scheduling an appointment by calling the office at (573) 341-8336.
Potential Causes of a Trucking Accident
Trucking accidents are complex, often more so than standard car accidents. There can be many factors and reasons that may have led to the crash. Understanding how these various factors may have influenced the accident may help to understand who is liable for compensation for damages.
Driver Negligence
Driver negligence may cause trucking accidents and is generally the most straightforward reason for a truck crash. This can take many forms, such as speeding, reckless actions, or a simple lack of attention on the driver’s part. Any distractions or pitfalls that can take advantage of a regular driver may also affect truck drivers.
However, additional factors may influence driver negligence in trucking accidents. The most prominent of these is fatigued driving. Truck drivers often spend long hours on the road, and driving for too long without proper rest can lead to fatigue. Fatigued driving may dull the senses and attentiveness of the driver and lead to a crash.
Equipment Failure
This extended strain doesn’t just apply to the driver, however. The vehicles these truckers drive are also under extended strain due to long hours and heavy loads. While they are built to withstand these loads and are generally maintained to prevent failure, this is not always foolproof. Equipment failure on the road, such as a tire blowing out or the engine failing, could potentially lead to an accident.
Improper Loading of Cargo
Additionally, these trucks are often carrying heavy loads to deliver them. The added weight of this cargo can make trucks unstable if loaded improperly. Most loading crews have a set order and arrangement for their loading that will help stabilize the vehicle. If this arrangement is not followed correctly, it may unbalance the truck which could lead to an accident.
Missouri Vehicle Accident Liability
The state of Missouri subscribes to the policy of pure comparative negligence, which means that a person is responsible for any damage or injury to the extent that they were responsible for the aforementioned injury or damage. Therefore, if the offended party is deemed to be 25% responsible for the accident, they are only entitled to 75% compensation from the offender. This is built on the foundation of the Revisor of Missouri Section 537.010, which states the right of the injured party to seek compensation.
Missouri, as a pure comparative negligence state, may have laws that complicate a trucking accident case, as there may be more than one party at fault. For more information on trucking accident liability, consider speaking with a skilled personal injury attorney from Steelman Gaunt Crowley.
Who is Liable in a Trucking Accident
Trucking accidents are often difficult, as many parties may be partially at fault. Due to pure comparative negligence, the courts or insurance companies may have to determine the extent of the fault ascribed to each party to ensure proper compensation. This may be a complex and extended process to evaluate each party for liability.
In addition, an agreement for compensation from one party does not necessarily absolve the other parties from providing compensation. The Revisor of Missouri Section 537.060 states that confirming an agreement with one offending party does not release other offending parties from their obligation to provide compensation, except in specific circumstances.
Driver
One of these offending parties, logically, may be the driver of the truck. If the truck driver is speeding, driving under the influence of drugs or alcohol, or engaging in other reckless behaviors, they may be at fault. In addition to these, the driver could also be at fault for distracted driving or fatigued driving. Any choices that the driver makes that lead to an accident will likely be traced back to them and not the trucking company.
Trucking Company
However, the trucking company that hired the truck driver may also be partially liable, depending on the circumstances. As the employer, the trucking company assumes partial responsibility by authorizing the driver to be on the road. By nature of the agreement between the driver and the trucking company, the trucking company shares partial responsibility as they are the reason the driver was on the road in the first place and are responsible for conducting background checks. This may be affected by the employment status of the driver, whether they are owner-operators, contractors, or employees.
Other Parties
These two parties are not the only ones who may be held liable, however. Loading companies and employees are expected to adhere to a certain standard when loading trucks. If the cargo is loaded improperly, this could unbalance the truck and lead to a trucking accident. In addition to this, an equipment failure may be the responsibility of the mechanic who was assigned to repair it. This assumes that negligence can be proven on the part of the mechanic and that the maintenance of the vehicle was not the responsibility of the driver.
What Are Common Complications in a Trucking Accident Case?
The distribution of liability may mean that the injured party must seek compensation from multiple different insurance companies. In addition, with multiple parties at fault, proving fault may be difficult.
Contact a Missouri Truck Accident Lawyer Today
Trucking accidents can be frightening and stressful situations, and the stresses do not often stop when the crash is over. The financial strain of trying to repair vehicles and deal with medical bills coupled with the cost in time for lost wages and hours spent dealing with insurance companies can wear a person down. A skilled Missouri personal injury attorney from Steelman Gaunt Crowley may be able to help handle these extra stresses and advocate for fair compensation. Schedule a consultation today by calling the office at (573) 341-8336.
