You're driving along I-44 in St. Louis when a commercial truck suddenly slams into your vehicle. You suffer painful injuries that require extensive medical treatment and force you to miss several months of work. While it seems clear that the truck driver was at fault, the trucking company's insurance adjuster suggests that you may be partially to blame for the accident. Now you're worried about how this will affect your ability to recover full and fair compensation for your losses.
Missouri follows a pure comparative fault system when determining liability, meaning your compensation can be reduced by your own amount of fault. The experienced St. Louis truck accident lawyers at Finney Injury Law understand comparative negligence in Missouri. We can evaluate your case, gather evidence, and fight against tactics that unfairly pin the blame on you.
Missouri's Comparative Negligence Law
Under Missouri's pure comparative fault law, an injury victim can still recover some compensation even if they are found to be 99 percent at fault for an accident. However, the compensation they're entitled to receive is reduced by their assigned percentage of fault.
For example, suppose a jury determines that you suffered $500,000 in damages but finds you 20 percent at fault for the accident. In this scenario, your compensation would be reduced by 20 percent, leaving you with a total recovery of $400,000. This contrasts with modified comparative fault states, where you can only recover compensation if you are 50 percent or less at fault.
While Missouri's system is more favorable to injury victims compared to some states, comparative negligence still allows trucking companies to try to shift an unfair amount of responsibility onto the victim to reduce their payout. An experienced truck accident lawyer knows how to fight back against these arguments.
Proving Fault in a Missouri Truck Accident Case
To maximize your compensation under Missouri's pure comparative negligence system, it's essential to prove that the truck driver and/or trucking company were primarily responsible for the crash. Some key pieces of evidence that can help establish fault include:
- Police accident reports
- Eyewitness statements
- Photos and videos of the accident scene and vehicle damage
- Data from the truck's electronic logging device (ELD)
- The truck driver's hours of service logs
- Results of post-accident drug and alcohol tests
- Truck maintenance and inspection records
- The trucking company's hiring and training practices
Your St. Louis truck accident attorney will thoroughly investigate the crash and gather evidence to build a strong case on your behalf. They may also work with accident reconstruction experts, medical professionals, and other specialists to prove liability and the extent of your damages.
Common Strategies Trucking Companies Use To Pin Blame on Victims
To reduce their financial liability for the truck accident, the trucking company and its insurer may try to argue that your own actions contributed to the crash. Even if their arguments have little merit, they may claim you were negligent by:
- Speeding
- Driving distracted
- Following too closely
- Changing lanes unsafely
- Failing to yield the right of way
- Driving under the influence of alcohol or drugs
Your lawyer will anticipate these arguments and work to counter them with strong evidence showing that the truck driver's negligence was the primary cause of the crash. They may use truck data to show that the driver was speeding or violating hours of service regulations at the time of the accident. Eyewitness testimony and accident reconstruction analysis can also help prove that the trucker was at fault.
Damages You Can Recover in a Missouri Truck Accident Case
If you've been injured in a truck accident, you may be entitled to compensation for:
- Medical expenses, including future anticipated costs
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering (non-economic damages)
In cases of particularly egregious negligence, you may also be awarded punitive damages to punish the trucking company and deter similar misconduct in the future.
How a Truck Accident Attorney Can Help
Truck accident claims are complex, especially when you're up against a well-funded trucking company and its legal team. To protect your right to full and fair compensation after a truck accident, it's important to work with an experienced St. Louis truck accident lawyer who can gather evidence showing the truck driver was clearly at fault.
The stronger the evidence that the trucker was at fault, the harder it is for them to unfairly blame you for the crash. Your attorney can also ensure you don't accidentally admit fault when talking to the insurance company and prepare you for tricks they may use to blame you.
At Finney Injury Law, we have a track record of success in holding negligent truck drivers and trucking companies accountable. We know the tactics they use to shift blame onto victims, and we work tirelessly to gather evidence and build strong cases for our clients.
