According to the most recent data released by the Federal Motor Carrier Safety Administration (FMCSA), commercial vehicles (including big rigs) were involved in almost 1,500 accidents in Missouri. However, this data was only released partway through the year, and the number of trucking accidents in Missouri regularly exceeds 5,000 in a 12-month period. Injured victims may have numerous questions after their big rig truck accidents, but one of the most pressing involves potential compensation. After all, victims typically face daunting medical bills along with the increasing pressure of missed paychecks. Big rig truck accidents may also lead to various non-economic (psychological) damages, such as post-traumatic stress disorder (PTSD), disfigurement, and loss of enjoyment of life.
Those who are serious about pursuing fair compensation for these damages may wish to contact a big rig truck accident lawyer in Kansas City. Dickerson Oxton has achieved a 98 percent success rate when pursuing compensation on behalf of injured victims, with tens of millions of dollars secured for their clients. Go beyond online research and start a new dialogue by contacting Dickerson Oxton at (816) 542-6599.
You May Be Able to File a Personal Injury Lawsuit After a Big Rig Truck Accident
The legal implications of a big rig truck accident are relatively straightforward: Those who become injured as a result of these accidents may be able to file personal injury lawsuits. If a negligent party causes someone else to suffer injuries, that negligent party should pay for the damages incurred by the victim. In the context of a big-rig truck accident, this makes the trucking company (and often the individual trucker) liable for the victim’s damages. A personal injury lawsuit can help a victim recover compensation for economic (financial) and non-economic (psychological) damages.
Summary of Missouri and Kansas Big Rig Truck Accidents and Personal Injury Lawsuits
Individuals injured in big rig truck accidents in Missouri or Kansas may be able to pursue compensation through a personal injury lawsuit if negligence contributed to the crash. Big rig truck accidents often result in significant economic and non-economic damages, including medical expenses, lost income, post-traumatic stress disorder (PTSD), disfigurement, and loss of enjoyment of life.
Establishing negligence generally requires proof of duty of care, breach of duty, causation, and injuries, with evidence such as medical records, photographs, witness testimony, trucking records, and video footage often playing important roles. Missouri follows a pure comparative negligence system, while Kansas follows a modified comparative negligence system, which can affect whether and how much compensation an injured victim may pursue.
What Exactly Is a Big Rig Truck?
A big rig truck is a general term for a large commercial vehicle. Other terms include “semi-truck,” “tractor-trailer,” or “eighteen-wheeler.” Although people may debate the subtle differences between these terms, they all refer to the same basic type of vehicle. A big rig truck consists of two components: A tractor and a trailer. Some big rig trucks haul more than one trailer.
When Can I File a Big Rig Truck Accident Lawsuit?
Victims may file big rig truck accident lawsuits when the trucking company, the trucker, or both are responsible for their injuries. However, the specifics depend on the exact location of the truck accident. Missouri follows a “pure comparative negligence” doctrine, which means that victims can sue even if they were 99 percent to blame for their own injuries. In contrast, Kansas is a “modified comparative negligence” state. This means that victims may only sue if they can establish that they were less than 50 percent responsible for their own injuries. In other words, it is often more challenging to file a big rig truck accident lawsuit in Kansas compared to Missouri.
What Is Negligence in Big Rig Truck Accidents?
During a big rig truck accident, the goal of the victim is to establish “negligence.” This process involves showing the existence of four elements: Duty of care, breach of duty, causation, and injuries. Each trucking company and individual trucker owes other people on the road a “duty of care,” which is another way of saying that they must behave in a safe, responsible manner. A breach of duty could be a traffic violation, the decision to become intoxicated on the road, the failure to properly maintain a big rig, and much more.
To establish negligence, a victim must also show that this breach directly caused the injuries in question. For example, a trucking company might fail to maintain the suspension on its truck. If the accident in question occurred while the truck was parked, the suspension obviously played no role in the accident, and there is therefore no “causation.” Finally, a victim must prove that their injuries are real. Medical records play an important role in this context, highlighting the need for prompt treatment immediately after a big rig truck accident.
What if My Loved One Died in a Big Rig Truck Accident?
If a big rig truck accident causes someone to lose their life, the family members of the deceased victim may consider a wrongful death lawsuit. This type of legal action functions in the same general way as a personal injury lawsuit, and family members can sue on behalf of their deceased relatives. Damages are slightly different, however. Among other distinct damages, families can recover compensation for funeral costs in this scenario. Fatalities are fairly common in big rig truck accidents, as these heavy commercial vehicles are easily capable of causing considerable damage even at relatively low speeds.
What Evidence Do I Need in a Big Rig Truck Accident?
In both Kansas and Missouri, the burden of proof in a big rig truck accident lawsuit is a “preponderance of evidence.” In Kansas, this falls under the Rules of Evidence. The goal is to present evidence that establishes more than a 50 percent likelihood of negligence. This evidence may take various forms, including video footage, photographs, witness testimony, trucking records, cellphone metadata, tire marks, and much more. Consider contacting Dickerson Oxton to learn more about evidence that might be helpful in specific cases.
Learn More About Big Rig Truck Accidents With Dickerson Oxton
While all big rig truck accidents share many similarities, each crash is slightly different. Some involve clear trucker negligence, while others are caused by maintenance problems or other mistakes by underlying trucking companies. Sometimes, the main cause of the accident is a third-party motorist, even if the victim was struck by a big rig truck. Because of these varying factors, a conversation with a semi truck accident attorney in Kansas City may make more sense than online research. During a consultation with a lawyer, an injured victim may be able to ask specific questions and receive personalized answers. Continue this dialogue by contacting Dickerson Oxton at (816) 542-6599. We serve injured victims in Missouri and Kansas.
Essential Frequently Asked Questions About Big Rig Trucking Accidents in Kansas City
Read further to learn more about trucking accidents, trucking company liability, and other personal injury topics.
What Is Considered a Big Rig Truck?
A big rig truck is a large commercial vehicle commonly referred to as a semi-truck, tractor-trailer, or eighteen-wheeler. These vehicles typically consist of a tractor unit connected to one or more trailers used to transport goods.
Can Someone File a Lawsuit After a Big Rig Truck Accident?
Individuals injured in a big rig truck accident may be able to file a personal injury lawsuit if another party’s negligence contributed to the crash. Depending on the circumstances, liability may involve the truck driver, the trucking company, or other responsible parties.
How Does Comparative Negligence Affect a Big Rig Truck Accident Claim?
Missouri follows a pure comparative negligence doctrine, which allows injured parties to pursue compensation even if they share substantial responsibility for the accident. Kansas follows a modified comparative negligence rule, which generally requires an injured party to be less than 50 percent responsible for the collision.
What Is Negligence in a Big Rig Truck Accident Case?
Negligence generally involves proving that a party owed a duty of care, breached that duty, caused an accident, and resulted in injuries. Examples may include traffic violations, impaired driving, distracted driving, or failure to properly maintain a commercial vehicle.
What Evidence Is Important in a Big Rig Truck Accident Lawsuit?
Evidence may include accident scene photographs, surveillance footage, witness statements, trucking company records, electronic logging data, cellphone records, medical documentation, and physical evidence from the crash site. Strong evidence can help establish how the accident occurred and who may be responsible.
Why Are Big Rig Truck Accident Cases Often Complex?
Big rig truck accident cases frequently involve multiple parties, including truck drivers, trucking companies, maintenance providers, cargo loading companies, and insurers. Federal regulations, commercial vehicle records, and technical evidence can also add complexity to these claims.