Recovered Over $300 Million for Our 7,000+ Clients
Commercial trucks are an integral part of the American economy, delivering cargo throughout the country to businesses and consumers. Be that as it may, driving a commercial truck requires a wealth of skill and experience, and unfortunately, not every driver behind the wheel of a tractor-trailer is truly up to the task. In 2023 alone, 137 fatalities were reported throughout Missouri as a result of accidents involving commercial motor vehicles.
Truck accidents like these can occur on busy highways throughout the state, like the I-470, as well as on smaller roads, like Independence Avenue in Jackson County or Chipman Road in Lee’s Summit. Regardless, the results are often the same: The occupant(s) of any passenger vehicles involved suffer the greatest losses.
If you’ve been in a commercial truck accident and experienced life-altering injuries, you could be entitled to file a claim and seek compensation. And at Holland Injury Law, our team of Lee’s Summit truck accident lawyers is here to guide you through the claims process.
Missouri follows a fault-based system when it comes to traffic accidents, requiring that those who are responsible for accidents pay for the losses that other parties suffer as a result.
However, Missouri also enforces pure comparative negligence doctrines, which means that if you’re found partially responsible for the accident, you will not be able to recover the full amount of your damages. Say, for instance, that you were to reach a settlement valued at $100,000. If you were found to be 60% at fault, you could file a claim against the other driver, but you’d only be eligible to recover $40,000 (40%) of the losses you suffered.
Additionally, you must also keep in mind that there are time limits, called statutes of limitations, that you have to abide by. These deadlines help prevent people from bringing forward old claims in which there is no longer available evidence. Missouri gives you five years from the date of the collision to file a claim.
There may be exceptions that can shorten the length of time you have, though, which is one of the reasons why contacting Holland Injury Law right after a collision is so important.
Throughout Jackson County, commercial truck accidents occur for a number of common reasons, such as:
Commercial driver’s license (CDL) holders have much stricter regulations they must follow regarding blood alcohol concentration (BAC) limits. If a CDL holder is behind the wheel of a commercial vehicle with a BAC of 0.04%, even if they’re off duty, they could lose their license.
Despite the serious consequences involved in driving while intoxicated, it’s still a persistent issue with commercial truck drivers. Drugs and alcohol make a driver less able to respond appropriately to hazards because they impact coordination and reflexes. Drivers under the influence could also be more reckless, increasing the risk of a collision.
Truckers spend the majority of the hours in a day behind the wheel. And that means even the most committed drivers can find their minds wandering as time passes. Any driver who’s not paying complete attention to what they’re doing, though, can cause collisions.
Although the most common distractions involve using a smartphone to check social media or texts, truckers can become distracted while adjusting their GPS, changing radio stations, or even reading the various billboards that line the highways.
Someone who is distracted won’t notice changes on the road quickly enough. That’s a particular concern for truckers because bringing a tractor-trailer to a stop takes time. Abruptly hitting the brakes can lead the truck to spin out of control, potentially causing an even worse accident.
There are strict federal regulations in place to prevent truckers from working past a certain number of hours without resting. The problem is that trucking companies encourage their drivers to keep driving anyway so that they can meet deadlines. Truckers themselves may want to earn bonuses or take on more deliveries, leading them to lie on their log books and push themselves to work longer shifts.
Whatever the reason, it’s not uncommon for truck drivers to wind up exhausted behind the wheel. And anyone who’s tired as they drive is as dangerous as someone who’s intoxicated.
A large commercial truck is already potentially dangerous. One that is speeding can be deadly. Drivers can lose control of their vehicles and have a much harder time coming to a stop if a hazard suddenly appears on the road while they’re blazing down it.
As mentioned earlier, driving a commercial truck requires significant skill and training. A driver who doesn’t receive sufficient training can be a danger to everyone on the road.
However, it may not be only the inexperienced driver who is liable for an accident. The trucking company that hired them needed to ensure that they were qualified. And if it didn’t provide the right training, those in charge could be at fault.
If any part of a truck malfunctions, the driver can lose control of it and cause a collision. In these instances, liable parties may include the trucking company (if it didn’t perform the required maintenance and checks before deeming the truck road-ready) as well as the truck’s manufacturer.
Debris on the road, potholes, or any other pavement damage can lead to accidents. That is especially the case for truckers who are traveling at higher speeds. Those in charge of road maintenance, such as government entities, are typically the ones held liable for accidents that occur because of road conditions.
Filing a personal injury claim is not an easy process. You’ll need to gather an abundance of evidence and negotiate with insurance companies, all while dealing with the injuries you’ve sustained. An insurance company will always want to pay you as little as they can get away with, and they’ll try any tactic they can to get you to accept a low offer. They may even bully you into dropping the claim completely.
At Holland Injury Law, our team of truck accident lawyers will take care of the legalities so that you can focus on healing. We have decades of experience that allow us to efficiently gather the evidence that can prove you deserve compensation. Most crucially, we know how to negotiate with insurers, which is often the most complex aspect of these claims.
We’ll handle all of the negotiations, and if we see that you’re not being treated fairly, we can also take your case to court. Many times, the mere threat of litigation can get insurance companies to change their tune and make fairer offers.
If you’ve suffered injuries because of someone else’s negligent or wrongful conduct on the road, you may be able to file a claim to get compensation for your losses. The team of truck accident lawyers at Holland Injury Law can help you fight for what you deserve.
We’ve recovered over $300 Million for our 7,000+ clients throughout the years by aggressively negotiating with insurance companies and litigating in court. We have over 1,000 5-star reviews that highlight our dedication to each of our clients.
If you’ve suffered in a truck accident, our team can help. Contact Holland Injury Law to speak with an experienced personal injury lawyer about your case.
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