Can I Sue For Being Hit By A Semi-Truck?

Yes, you can sue after being hit by a semi truck. It is crucial to discuss your case with an experienced personal injury attorney if you have been involved in a semi truck accident. An experienced attorney can help investigate and evaluate potential types of damages that may be available to you, and can create a path for securing appropriate compensation. Common types of damages in semi truck accident cases include: 

• Medical expenses
• Pain and suffering
• Wrongful death
• Lost wages
• Property damage

At Hosmer King & Royce, our personal injury attorneys have decades of experience in helping families involved in semi truck accidents and holding drivers and trucking companies accountable. If you have been involved in a semi truck accident, it won’t cost you anything to see if we can help.

What are the Types of Liability for Drivers In Semi Truck Accidents?

Types of liability for semi truck drivers involved in accidents include speeding, fatigue, distracted driving, improper shouldering, improper loading, and poor vehicle maintenance. Determining the extent of liability in semi truck accidents can be complex. Discussing your claim with an experienced personal injury attorney is an important step to understand the types of negligent acts involved and the extent of damages that may be available to you. In some cases, damages may be recoverable from several parties. Truck drivers can be found negligent in a variety of ways, including:

• Speeding - Due to the size of semi trucks and their inability to brake at short distances, speeding poses a serious danger to other drivers. Especially in icy or dark conditions, speeding is a leading cause of semi truck accidents. An experienced personal injury attorney can investigate claims to determine liability for speed-related accidents.

• Fatigue - Strict regulations control the driving practices of semi truck drivers. An experienced attorney who is well-versed in these regulations can use them to materially demonstrate negligence.

• Distracted driving - Because of the sheer size of semi trucks, overcorrection for small lane departures can lead to serious accidents and put other drivers in danger. Becuase of their size, some drivers may not realize they have been involved in a collision and may keep driving.

• Improper shouldering - Trucks stopping on the shoulder of highways can lead to serious accidents, especially in dangerous driving conditions such as nighttime driving, or in the ice or snow. Improper shouldering is a common cause of trucking accidents.

• Improper loading - Failure to properly secure loads is another leading cause of accidents. An experienced attorney is well-versed in laws and regulations for semi trucks and can help to identify the liability of drivers or other potential parties.

• Poor vehicle maintenance - Accidents caused by poor vehicle maintenance can be serious and often involve several parties, even if not apparent. An experienced attorney can help to identify other parties and investigate the events leading up to the accident.

Are Trucking Companies Liable in Semi Truck Accidents?

Like negligent drivers, trucking companies can also be found liable in semi truck accidents. There are several bases for liability, including the following:

• Failure to properly inspect equipment - Poor vehicle maintenance can lead to serious accidents, even when there is no vehicle-on-vehicle collision. Faulty equipment or parts that come loose from semi trucks, can cause serious property damage and injuries.

• Failure to follow safety regulations - Truck drivers and the companies they drive for are subject to strict safety regulations. Drivers often cite pressure from their companies to drive longer hours as reasons for accidents. An experienced attorney is well-versed in these regulations and can use them to show fault on the part of both the driver and the trucking company.

• Hiring unqualified drivers - Truck companies are also subject to strict regulations when it comes to hiring drivers. Any failure to adhere to these strict regulations can be shown to be negligence. Some companies look to save money by hiring drivers without a Commercial Driver’s License, or CDL. An accident involving a truck driver without a CDL can lead to additional damages.

What are the Legal Considerations for Semi Truck Accidents?

Evaluating semi truck accident cases is a complex process and made much easier by discussing with an experienced personal injury attorney. Understanding policy limits for trucking companies, the pros and cons of settlement vs trial, and applicable state laws, can help guide your path to securing compensation. 

Trucking companies typically have limits upwards of $1,000,000.00. Commercial trucking insurance often involves large payouts and because of this, trucking companies have attorneys who fight to defend against your claim. At Hosmer King & Royce, we have the experience and the success to help you secure the compensation you deserve.

Depending on the circumstances of your case, the benefits and drawbacks between settlement and trial can differ greatly. Discussing your options with an experienced personal injury attorney is an important step in preparing your case.

In Missouri, the statute of limitations for truck accidents is 5 years. It is important to set up a consultation with an attorney following a truck accident to determine your path moving forward. At Hosmer King & Royce, we will work with you to thoroughly explain your options and explain the complexities of the legal process. To set up a free consultation, please contact us today.