Why a truck crash is a different case

A truck crash follows the same Missouri injury law as a car crash. But federal rules apply on top of it. Trucking companies that cross state lines, and their drivers, must follow the Federal Motor Carrier Safety Regulations. These rules set how long a driver may drive and how a truck must be inspected and kept up. They also require drug and alcohol tests after some crashes. Breaking one of these rules is strong proof that the company or driver was careless.

There are also more parties. A car crash usually has one driver and one insurer. A truck crash can involve the driver, the trucking company, the trailer owner, the company that loaded the cargo, a repair shop and a broker. Each may have its own insurance and lawyers.

Federal rules that come up most often

One more rule ties it together. When these rules put a duty on the driver, the company must make the driver follow it (49 C.F.R. § 390.11). So the company’s hiring, training, dispatch and supervision are part of your case. It is not just about what the driver did that day.

When several companies share the blame

Missouri lets the jury split fault among everyone responsible. A party found 51 percent or more at fault can be made to pay the whole judgment. A party under 51 percent pays only its own share. But a company still answers for its employee’s share (RSMo § 537.067). In plain terms, the trucking company answers for its employee-driver. Naming every responsible company protects you when one party’s share is small.

Who may be responsible:

• The driver, for unsafe driving, hours violations or impairment.
• The trucking company, for its employee-driver, and for its own poor hiring, training, supervision or dispatch.
• The trailer or equipment owner, for defects in equipment it controlled.
• The shipper or loader, when loose or overweight cargo made the truck go out of control.
• A repair company, for careless repairs.
• A parts maker, when a defective part failed. See product liability.

Insurance on a commercial truck

That is many times the $25,000 per-person minimum on a Missouri car policy. Some companies carry more, sometimes in layers from several insurers. Finding every layer early affects how your claim is presented and when it can be resolved.

What the firm does first

Key truck records can be thrown away after six months. So the first step is a letter to the trucking company and its insurer. The letter demands that they save:

• Electronic driving logs.
• Engine computer data from the truck.
• Dash camera video.
• Dispatch and GPS records.
• The driver’s qualification file.
• Drug and alcohol test results.
• Inspection and repair records.

Harjot Singh Padda, JD then gets the police crash report and photographs the vehicles. When the facts call for it, he brings in engineers or crash reconstruction consultants. They study how the crash happened.

A truck case can be filed in a Missouri state court. Sometimes it can go to federal court instead. That can happen when the parties are from different states and enough money is at stake. The firm handles cases in both. Read state court vs. federal court and removal to federal court.

Common questions

Related reading

• Personal injury overview
• Federal court litigation
• Car accident claims
• Wrongful death claims