In 2019, semi-trucks were involved in 179,509 crashes. Their size and weight make truck accidents among the most severe. Nearly 5,000 people were killed in trucking-related crashes in 2019 and thousands more injured, some critically. Lives are lost and others changed forever when someone is negligent while operating a 40-ton vehicle.
If you’ve been injured in a truck accident, or if a loved one has been incapacitated or killed, you may be entitled to compensation. Gartner Law Firm helps clients with personal injury claims in St. Peters and St. Charles, Missouri, and the surrounding communities obtain compensation for medical expenses, lost earnings, pain and suffering, and wrongful death. We help people overwhelmed by injury or death find a way to move on with their lives.
According to the Federal Motor Carrier Safety Administration, most semi-truck accidents are caused by the truck driver. Reasons include fatigue, poor training, use of prescription or over-the-counter drugs, distracted and inattentive driving, overcompensation or slow reactions, following too closely, and excessive speed. Other frequent causes are mechanical failures, roadway conditions, and shifting cargo.
Because Missouri is a fault state, you can file a claim against your own auto insurer for medical payment benefits, or for uninsured or underinsured motorist benefits. You can also file a personal injury or wrongful death claim against the truck driver, trucking company, truck or parts manufacturer, and others responsible for the crash.
Liability or “fault” for an 18-wheeler accident can lie with more than one person or entity:
In most truck crash cases, you need to file a civil suit to allow adequate discovery of information critical to your claim. Determining liability requires a thorough investigation of all factors, including driver fatigue and qualifications, road and weather conditions, mechanical conditions of the truck, and any potential liability on your part or on other vehicles involved.
Generally speaking, most medical malpractice lawsuits target medical professionals. That includes (but is not limited to) doctors, nurses, dentists, and therapists. All of these individuals can be held liable for any negligent actions that resulted in injury or death in a medical malpractice lawsuit. Hospitals and clinics might also bear some level of liability, as they are responsible for the conduct of their employees and medical professionals who provide services inside their facilities.
If you choose to pursue legal action against a healthcare provider for breach of that duty, an Affidavit of Merit must accompany the initial petition for damages filed in civil court. In the affidavit, a qualified medical expert must state that he believes malpractice has been committed.
To help your personal injury claim:
If a loved one was incapacitated or killed in a trucking crash, talk to an attorney right away. Preserving evidence is key to your claim.
Patients can sue for compensatory and non-economic damages. Compensatory damages include medical expenses, lost wages, and other quantifiable losses. Non-economic damages include less quantifiable losses like pain and suffering, permanent disability, disfigurement, and loss of future earning capacity.
Unfortunately, Missouri law caps the amount injured patients can recover for non-economic damages, even in the event of a loved one’s death.
If you’ve been injured in a crash involving a semi-truck, or if a loved one has been incapacitated or killed, you need an experienced attorney to tackle the complicated task of investigating the crash and proving liability. This might require a crash reconstructionist, witness interviews, and inspections of the truck, trailer, and other vehicles involved. The federal government requires the trucking industry to comply with rigorous safety standards. You need an attorney who is knowledgeable about these regulations and experienced in determining if those standards were breached.
Trucking companies typically carry high liability insurance limits, which means there can be a lot of money at stake. It also means the insurer will have highly compensated attorneys on their side, so it’s important you have an attorney on yours.
You need someone with the best legal expertise and experience fighting for you to make sure everyone liable for your injuries or your loved one’s death are held accountable.
Gartner Law Firm has provided aggressive legal representation for dozens of trucking accident victims and their families in St. Peters and St. Charles, Missouri. Put our experience to work for you. Consultation is free, and you pay us nothing unless you recover a settlement or judgment, so call now.
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