Independence Truck Accident Attorneys

A truck accident is often very serious with lasting consequences. In fatal collisions involving passenger vehicles and trucks, occupants of passenger vehicles represent 98% of the fatalities. If you have been in a truck accident, you may be left with catastrophic injuries that may permanently change your life. If your truck accident injury was caused by another person’s negligence or wrongdoing, you may be entitled to financial compensation. To find out how a truck accident lawyer can help you, contact Dollar, Burns, Becker & Hershewe toll-free at (877) 816-2600.

Why Choose an Independence Truck Accident Lawyer from Dollar, Burns, becker & Hershewe?

• With over a century of experience resulting in over a billion dollars in verdicts and settlements, we have been the voice of victims.
• We are committed to our client’s cause and fight passionately to get the best outcome for every client.
• Our nationally-recognized lawyers strategically pursue all avenues of liability to demand accountability and maximize compensation for you and your loved ones.

You may be feeling overwhelmed by mounting medical bills, lost wages, and other damages associated with your injuries. Dollar, Burns, Becker & Hershewe can help you. Let us fight to get you the compensation you deserve to get your life back on track. If you have been injured in a truck accident, call Dollar, Burns, Becker & Hershewe toll-free today at (877) 816-2600 to speak with one of our Independence personal injury attorneys. We offer free consultations.

Liability in a Truck Accident in Independence, Missouri

Truck accidents often involve multiple parties. There may be multiple victims involved in the Independence car accident, as well as multiple parties legally responsible for the accident. Given the severity of injuries that may result from a truck accident, you need an experienced truck accident attorney in Independence who can help you explore the different legal grounds through which you can get compensation for your injuries.

If the truck driver was an employee of a trucking company, carrying out the normal business of the trucking company at the time of the accident, you may be able to hold the trucking company responsible under the theory of respondent superior or vicarious liability. Trucking companies must abide by strict truck driving regulations concerning the maintenance and operation of their trucks and can be held liable for accidents caused by their failure to follow these regulations.

The truck accident may also be the result of a defective truck part. If the part was in a defective condition and unreasonably dangerous and the defective condition existed at the time the part was sold, you may have a product liability claim.

An experienced Independence truck accident lawyer who has the resources to properly investigate your claim is your best chance at recovering full and fair compensation for your injury.

What Evidence Matters Most in an Independence Truck Accident Claim?

To win compensation in a truck accident lawsuit or insurance claim, you will need to show that:

• The at-fault party or parties owed you a certain duty of care.
• The at-fault party or parties breached that duty of care in some way.
• The breach of duty directly caused your truck accident.
• You suffered damages in the accident that you can recover in your claim.

Several pieces of evidence can help establish these elements and support your claim. Your Independence truck accident attorney will conduct an in-depth investigation to obtain these documents and build a compelling case on your behalf:

• Black Box Data: A small device in a commercial truck records key data such as speed, braking, and throttle position. This information can confirm what the driver was doing in the moments before the crash.
• Driver Qualification Files: Carriers must maintain a file for every driver, and any gaps or red flags in that file can support a claim that the company put an unqualified driver on the road.
• Maintenance and Inspection Logs: Federal regulations require carriers to document repairs, annual inspections, and defect reports drivers submit at the end of each shift. If the company failed to comply with these rules, these logs may contain evidence of the breach.
• Expert Analysis: Accident reconstruction experts can analyze the available evidence to establish how the crash unfolded and who was at fault. Trucking industry experts can explain to a jury what a reasonably careful carrier should have done differently.
• Medical Records: Treatment notes, imaging, and provider opinions connect your injuries to the collision and document how serious they are. They also support the future care and lost earning capacity that make up a large portion of a catastrophic injury settlement.

Wrongful Death Claims After a Fatal Independence Truck Accident

As we discussed above, truck accidents can result in severe injuries that affect every part of your life. Not everyone survives these injuries. If you lost a loved one in an Independence truck accident, you may have grounds to file a wrongful death lawsuit in Independence on their behalf.

Wrongful death claims are intended to compensate the deceased person’s survivors for the financial and emotional impact of the loss. By filing this type of claim, you can recover damages for funeral and burial expenses, the deceased’s final medical bills, the value of the deceased’s lost wages, and the pain and suffering that they endured before death. You can also recover compensation for the loss of services, consortium, companionship, comfort, and support that the deceased provided.

Missouri law limits who may file a wrongful death lawsuit. The following parties may file, in the following order:

• The deceased’s surviving spouse, parents, children, or children’s descendants
• The deceased’s surviving siblings or their descendants
• A plaintiff ad litem, appointed by the court

How Long Do You Have to File a Truck Accident Lawsuit in Missouri?

Under Mo. Rev. Stat. § 516.120, you have five years from the date of a truck accident to file a personal injury lawsuit in civil court. If you lost a loved one in the collision and want to pursue a wrongful death claim, you have only three years from the date of death to file, according to Mo. Rev. Stat. § 537.100. Certain circumstances may extend or shorten this deadline, so you should consult with an Independence truck accident lawyer as soon as possible after the collision.

What is a Catastrophic Truck Accident Injury?

On average trucks are 20 to 30 times heavier than trucks. This means that a collision with a truck is very likely to result in a catastrophic injury. Under Missouri law, catastrophic injury includes:

• Paraplegia
• Quadriplegia
• Loss of two or more limbs
• Traumatic Brain injury permanently impairing the ability to eat, dress, bath, toilet, and walk independently
• Permanent injury to one or more organs of the body
• Loss of vision

Common Causes of Truck Accidents in Independence

Trucking accidents can have devastating impacts on victims and their families, not only causing serious injuries but also leading to significant emotional and financial distress. It is essential for everyone involved in the operation of a commercial truck—from drivers and their employers to contractors responsible for repairs and cargo loading—to exercise caution and uphold applicable regulations. 

Unfortunately, not all parties abide by these responsibilities. Many acts of negligence and carelessness can lead to truck accidents in Independence, including dangerous driving behaviors and undue pressure from trucking companies to adhere to tight schedules.

Inexperienced or Inadequately Trained Drivers

The presence of inexperienced or inadequately trained drivers behind the wheel of these large vehicles can be dangerous. Operating a commercial truck requires specialized knowledge and skills, including understanding complex vehicle mechanics, maneuvering through tight spaces, and reacting appropriately to road conditions. When drivers lack this training or experience, the risk of accidents increases significantly. 

Failure to Adhere to Traffic Laws

Another significant factor contributing to truck accidents is the failure of truck drivers to adhere to traffic laws. This includes ignoring traffic signals, making unsafe lane changes, and failing to yield the right of way. These violations can lead to dangerous situations, particularly given the size and weight of commercial trucks, which require longer distances to stop and are less maneuverable than passenger vehicles. 

Drowsy or Fatigued Driving

Drowsy or fatigued driving is a critical issue in the trucking industry. Due to long hours on the road and pressures to meet delivery deadlines, drivers often operate vehicles while tired, significantly impairing their judgment, reaction time, and ability to concentrate. Although federal regulations mandate rest periods, some trucking companies encourage their drivers to keep driving even when it is unsafe to do so.

Driving Under the Influence

Driving under the influence of alcohol or drugs is a dangerous choice for any motorist, but it is especially perilous for truck drivers. The effects of substances can drastically reduce a driver’s ability to make safe decisions, control their vehicle, and react to hazards. When the driver is in control of a large, heavy truck, the consequences can be dire.

Driving Over the Speed Limit

Speeding is a common cause of accidents involving all types of vehicles, including trucks. When a truck driver exceeds the speed limit, their ability to stop or maneuver around obstacles is compromised, increasing the risk of collisions. Unfortunately, tight delivery schedules can pressure drivers to ignore the speed limit.

Distracted Driving

Distracted driving, whether due to using a mobile phone, eating, or other distractions, diverts the driver’s attention from the road. Any act that takes a motorist’s hands, eyes, or mind off the act of driving counts as a distraction. For truck drivers, who must constantly be aware of their larger vehicle’s position and movement, these distractions can have catastrophic consequences. 

Overloaded Cargo

Improperly loaded or overloaded cargo can lead to accidents by causing trucks to be unstable or more difficult to control. Ensuring that cargo is securely and appropriately loaded is vital for preventing these types of accidents; this requires strict adherence to weight limits and proper loading techniques. Unfortunately, some trucking companies or cargo loaders can ignore best practices, leading to instability.

Defective Truck Components

Defective truck components, such as brakes, tires, or steering systems, can cause accidents. Regular maintenance and inspection of trucks are essential to identify and address any potential issues before they lead to an accident. However, some components may be inherently defective due to issues at the manufacturing plant or in the item’s design. 

Common Types of Truck Accident Injuries in Independence, MO

Truck accidents can cause devastating injuries, leaving victims facing a long road to recovery. These injuries often lead to long-lasting disabilities that can affect survivors in every aspect of their lives, from their ability to work to their ability to maintain personal relationships. In many cases, truck accidents are fatal.

Some of the most common injuries in truck accidents include:

• Traumatic Brain Injuries (TBI): High-impact collisions with trucks can cause head injuries ranging from mild concussions to severe brain trauma. Symptoms may include cognitive impairments, emotional irregularities, and long-term neurological issues.
• Spinal Cord Injuries and Paralysis: The force exerted during truck accidents can damage the spinal cord, potentially leading to partial or complete paralysis. These injuries demand extensive medical treatment and can drastically alter a person’s lifestyle.
• Broken Bones and Fractures: The immense force of truck accidents often results in broken bones or fractures, which may require surgical intervention and prolonged physical therapy for recovery.
• Internal Injuries: The blunt trauma from a truck collision can cause internal injuries, affecting organs like the liver, kidneys, and spleen. These injuries can be life-threatening and require immediate medical attention.
• Lacerations and Burns: Sharp debris and the risk of fire or explosions in truck accidents can lead to severe lacerations and burns, potentially leading to scarring and the need for reconstructive surgery.
• Amputations: In severe cases, the catastrophic nature of truck accidents can lead to the loss of limbs or necessitate surgical amputation. This life-altering injury impacts mobility and may require prosthetics and long-term physical therapy.
• Whiplash and Neck Injuries: Even at lower speeds, the sudden impact of a truck accident can cause the head to jerk violently, leading to whiplash. This neck injury may result in chronic pain, stiffness, and reduced range of motion.
• Psychological Trauma: Beyond physical injuries, victims of truck accidents often experience psychological impacts, such as post-traumatic stress disorder (PTSD), anxiety, and depression. These conditions can affect a person’s ability to return to daily routines and require professional mental health treatment.

After a truck accident in Independence, you deserve justice for the harm that you sustained. The Independence truck accident attorneys at Dollar, Burns, Becker & Hershewe are dedicated to fighting for your rights and helping support your path to recovery. We will conduct an in-depth investigation into the accident, identify the liable parties, and advocate for your right to fair and full compensation. We aim to secure a fair settlement to address all damages associated with your injuries, including medical expenses, lost wages, and pain and suffering. We will work diligently to determine the full value of your claim, helping you receive the care and support that you deserve. 

Contact an Independence Truck Accident Attorney Today

If you have been injured in a truck accident caused by another person, Dollar, Burns, Becker & Hershewe can help you get financial compensation. Your damages may include medical expenses, lost wages, lost earning capacity, pain, suffering, mental anguish, and loss of capacity to enjoy life. Contact us toll-free today at (877) 816-2600 to speak with one of our experienced personal injury attorneys in Independence.