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Columbia Truck Accident Lawyer
Trucking accidents often result in some of the most severe injuries. Whether the crash involves a commercial truck or an 18-wheeler, victims of such serious accidents are entitled to seek compensation. To increase the chances of a successful claim, it’s crucial to consult an injury attorney. A truck accident lawyer in Columbia can assist in gathering and organizing evidence to build a strong case. Schedule a consultation today to begin the process of recovering the compensation you deserve.
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Tyson Mutrux and the team at Mutrux Firm, LLC can help you gather evidence and build a strong injury claim. Don't wait—contact us today to schedule a free consultation and get started on your road to recovery.
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What Types of Truck Accident Damages Can I Claim?
When trucks collide with smaller vehicles, the impact can be devastating. A truck accident in Columbia can lead to life-threatening injuries or even death. So, what types of damages can you pursue with the help of The Mutrux Firm Injury Lawyers?
- Medical bills
- Future medical care
- Wrongful death claims
- Property damage
- Pain and suffering
- Emotional trauma
In truck accident cases, the trucking company must compensate victims for their losses. At The Mutrux Firm Injury Lawyers, we negotiate with the trucking company’s insurance to secure the settlement you deserve.
Who Is Liable For a Truck Accident in Columbia?
Establishing Liability in Truck Accidents
When a truck accident occurs in Columbia, establishing liability is crucial, especially if the truck driver is at fault. Often, negligence on the driver’s part is to blame, and liability can be determined through the following factors:
- A duty of care was owed
- This duty of care was breached
- The breach directly caused injury or death
- Failure to follow the duty of care led to the injury
The Role of the Trucking Company
The legal concept of respondeat superior holds the trucking company accountable for the driver’s negligence, as the company must ensure the driver operates the vehicle safely. Trucking companies must comply with specific state and federal regulations, such as the Hours of Service (HOS) laws. Key regulations include:
- Proper driver training
- Rigorous screening of drivers
- Adherence to weight limits
- Regular vehicle inspections
Hours of Service Regulations
According to HOS laws, truck drivers cannot exceed an 11-hour driving shift and should not be on duty for more than 14 hours. Additionally, after driving for eight hours, drivers must take a 30-minute break to ensure safety.
Other Responsible Parties
While the trucking company typically bears liability, other parties could also share responsibility for the accident. These may include the freight-loading company, the truck manufacturer (in cases of vehicle defects), and the company responsible for maintaining the truck.
Legal Support from The Mutrux Firm
At The Mutrux Firm Injury Lawyers, our dedicated Columbia truck accident attorneys will advocate for you at every stage of the legal process. By consulting with professional and gathering key evidence, we aim to build the strongest case for the best possible outcome.
Experienced Semi Truck Accident Attorney: Fighting for Maximum Compensation
The Life-Changing Impact of Semi Truck Accidents
Being involved in a semi truck accident can devastate your life and that of your family. These accidents often result in severe injuries that demand extensive medical treatment, rehabilitation, and time away from work. The financial burden of medical expenses combined with lost income can be overwhelming for many families. Tragically, some semi truck accidents result in fatalities, leaving families to cope with emotional loss and complicated legal issues. If you or a loved one has experienced such an accident, do you know the necessary steps to protect your rights?
Why Semi Truck Accidents Require Professional Legal Services
Semi truck accident cases are far more complex than typical car accident claims. While many personal injury law firms claim to handle these cases, they often lack the deep understanding of federal trucking regulations and the resources required to take on large trucking companies. At Mutrux Firm Injury Lawyers, we offer extensive unique experience and a proven track record of securing significant settlements and verdicts for victims of trucking accidents.
Our attorneys are experienced in the unique challenges posed by commercial trucking laws, including hours-of-service regulations, vehicle maintenance rules, and liability disputes. With advanced investigative resources, we pinpoint the causes of accidents—whether it’s driver negligence, faulty equipment, or regulatory violations—to build a solid case.
How Mutrux Firm Supports Your Recovery
Choosing the right semi truck accident attorney can make all the difference in your case. At Mutrux Firm, we combine legal experience with the resources needed to see your claim through to resolution. Our team collaborates with accident reconstruction professionals, medical professionals, and financial professionals to demonstrate the full extent of your injuries, financial losses, and emotional suffering.
Your Partner Every Step of the Way
From your initial consultation to the final resolution of your case, we stand by your side. We handle insurance negotiations, fight for fair settlements, and represent you in court when necessary. Our goal is to ensure you receive the compensation you deserve for medical bills, lost wages, and other damages.
Contact Mutrux Firm Injury Lawyers Today
When you choose Mutrux Firm, you’re not just hiring a lawyer—you’re partnering with a team that sets the standard in handling semi truck accident cases. Let us hold negligent parties accountable and secure the financial recovery you and your family need to rebuild your lives. Contact us today for a free case investigation and take the first step toward justice.
How Much Will My Truck Accident Claim in Columbia Settle For?
Determining how much your Columbia truck accident lawyer can help you win is challenging because settlements depend on various factors, and no two cases are alike. After thoroughly investigating the details of your claim, we can provide a more accurate estimate of the compensation you may be entitled to. While each case is unique, our goal is to ensure you receive the maximum amount possible based on the specifics of your situation.
What are Some Common Causes of Truck Accidents in Columbia?
Truck accidents can be caused by a number of different factors. Some of the most common include the following:
Impairment by alcohol or drugs can severely reduce a driver’s awareness of their surroundings, often leading to catastrophic accidents.
Speeding leads to many truck accidents because it can cause drivers to lose control and significantly reduce their reaction time in emergencies.
Truck drivers must adhere to regulations that limit their work hours to prevent fatigue-related accidents.
In adverse weather conditions, the truck driver might have reduced visibility, or loose traction on the slick roadway, causing an accident to occur.
If a truck driver does not receive adequate training, they could make a careless mistake that could have been addressed had the driver received the hands-on training needed for the job.
In some cases, the manufacturer of the truck involved in the accident could be held liable for faulty components or maintenance issues that could have led to the accident.
Regardless of what led up to the accident, your Columbia truck accident lawyers are ready and able to help you throughout the process of filing your claim, and will work on your behalf to settle your claim.
Steps to Take After a Truck Accident in Columbia
After a Truck Accident in Columbia: Immediate Steps to Take
Being involved in a truck accident in Columbia can be extremely traumatizing. The first step is to assess your injuries and call 911. It’s crucial to ensure your safety and that you are out of harm’s way. Here are important actions to take right after the accident:
Gather Witness Information
First, check for any witnesses and get their accounts of what happened. Their testimony can be critical for your case.
Document the Scene
Next, take pictures of the accident scene and your injuries. These images can support your claim and provide evidence for your attorney.
Attend Medical Appointments
If you require ongoing medical treatment due to your injuries, it is essential to attend each appointment. Failing to do so could create complications with the trucking company’s insurance.
Keep Records
Additionally, document your medical bills. Having a clear record of your expenses can strengthen your case. Don’t forget to obtain a copy of the police report from the officer at the scene.
Contact Your Attorney
After completing these steps, reach out to your Columbia truck accident attorney immediately. Your attorney can gather evidence, seek eyewitness testimony, and consult industry professionals. All of these actions contribute to building a strong case.
Mistakes to Avoid After a Truck Accident
There are several things you should NEVER do after an accident, as they could hinder your chances of receiving maximum compensation. Avoid the following:
- Providing a statement to the insurance company.
- Accepting a settlement from the insurance.
- Admitting fault to the trucking company or their insurance.
Insurance companies will likely take every opportunity to undermine your injuries and your recollections of the accident. This is why consulting a lawyer is critical. Never attempt to negotiate on your own.
How to Prevent a Bad Weather-Related Accident from Occurring
Preventing Weather-Related Crashes
Nearly all weather-related crashes are avoidable. The simplest way to prevent accidents is by not driving during hazardous weather conditions. If driving is necessary, slowing down significantly can reduce the risk of a crash. Additionally, in regions prone to severe weather, using snow tires, installing snow chains, and turning on headlights during poor visibility can further minimize risks.
When a truck driver notices that their vehicle is hydroplaning, skidding, or sliding, it’s best to pull over and wait for safer conditions before continuing the journey.
Characteristics of Truck Blind Spots in Columbia
Common Damages in a Blind Spot Trucking Accident
Blind spot trucking accidents can result in significant damage, including:
- Side-impact damage to vehicles
- Broken mirrors on both trucks and cars
- Structural damage to bridges, guardrails, or medians
In addition to vehicle and property damage, victims of these accidents often suffer catastrophic injuries. For instance, if a truck unexpectedly slams into the side of a nearby vehicle, the force could result in a traumatic brain injury. The violent impact may also cause the victim’s head and spine to jerk suddenly, leading to neck and spinal injuries. These types of injuries can be particularly costly due to the ongoing medical treatment required, which may extend for weeks, months, or even years.
Preventing Jackknife Tractor Trailer Accidents in Columbia
Many jackknife accidents can be avoided by driving cautiously and adjusting speed to match road conditions. For example, when there is moisture or ice on the road, truck drivers should take extra care and reduce their speed to avoid losing control.
If a jackknife accident occurs and it was not foreseeable or preventable, the injured party may not be able to recover damages. However, it is rare for such accidents to be entirely unavoidable. In most cases, a failure to take the necessary precautions leads to these dangerous incidents.
Preventing Jackknifing Through Mechanical Checks
Regular mechanical checks can significantly reduce the risk of jackknifing. One of the leading causes of these accidents is defective tires and wheels, which can be easily remedied by monitoring them during stops and transit. By making these checks routine every time the truck stops, the likelihood of accidents caused by equipment failure decreases.
How to Reduce a Truck’s Weight
To ensure compliance with federal regulations, trucking companies should carefully monitor the weight of their vehicles. In addition to adhering to these rules, truckers can utilize weigh stations during their journey to keep track of their load weight. Proper weigh-ins at the pickup location and maintaining accurate logs are crucial. This way, if the truck is found to be overweight at a station, the records can show that the incorrect weight was provided at the pickup point.
Characteristics of an Overweight or Overloaded Truck
According to St. Louis County truck regulations, a truck is considered overweight if its gross vehicle weight exceeds 80,000 pounds. However, there are additional weight limitations to consider:
- Interstate system: No more than 20,000 pounds per axle.
- Missouri highways: No more than 22,000 pounds per axle.
- Commercial zones (per Section 304.190): No more than 22,400 pounds per axle.
It’s also important to note that the manufacturer’s weight rating for the steering axle and tires must not be exceeded.
The Dangers of Operating an Overloaded Truck
Operating a truck over the allowable weight poses several dangers. Most obviously, it becomes a hazard to other vehicles on the road. Additionally, overweight trucks contribute to the destruction of roadways and bridges, leading to long-term damage and costly repairs.
Missouri Statute Section 304.200 does provide permits for vehicles carrying non-divisible loads that exceed legal dimensions or weights. However, these permits come with restrictions, including prohibiting movement on holidays such as:
- New Year’s Day
- Memorial Day
- Independence Day
- Labor Day
- Thanksgiving
- Christmas
The Reality of Overweight Trucks
Although the percentage of trucks operating over the safe weight limit is relatively low, the numbers are still staggering. Each year, over 208 million trucks are weighed, and despite strict regulations, tens of thousands—if not hundreds of thousands—of semi-trucks are found to be overweight. The sheer volume of these trucks presents a serious concern, even if the actual percentage is small.
Statute of Limitations for Truck Accidents in Missouri
According to the Missouri Statute of Limitations, accident victims have up to five years to file a claim. However, it is crucial to contact your Columbia truck accident lawyer as soon as possible so we can begin working on your case right away. By acting promptly, your semi-truck accident lawyer can use their knowledge and experience to guide you through the process and help secure the maximum compensation you deserve.
(888) 550-4026
Leading Cause of Truck Driver Fatigue
The leading cause of driver fatigue that leads to trucking accidents in Columbia is the pressure placed upon drivers by trucking companies. This includes forcing them to make deliveries at a specific time based upon a certain schedule and penalizing truck drivers for not hitting target times.
Although this does not absolve the truck driver completely, it does shift the liability to the trucking company when the truck driver is forced to meet unreasonable expectations or when the truck driver is penalized for not abiding by federal and state laws.
Prevalence of Truck Driver Intoxication Accidents
Truck accidents caused by intoxicated drivers in Columbia are more common than many people realize. Intoxication includes not only alcohol use but also the rising misuse of opioids and other drugs among truck drivers. Unfortunately, as the use of such substances has drastically increased, so has the rate of truck driving accidents related to intoxication.
Common Trends in Truck DUI Cases
A major trend seen in truck accidents linked to intoxication is the growing use of opioids and methamphetamines. Drivers often use these drugs to rest during breaks or stay awake while on the road, but this leads to a dangerous loss of focus and an increased risk of crashes. When a truck driver is under the influence of such substances, they should be held accountable. In such cases, a Columbia truck accident lawyer can help victims pursue justice as soon as possible.
Implications of a DUI on a Truck Driver’s Employment
The consequences of a DUI or DWI for a truck driver’s employment are severe. Most drivers lose their jobs if they are convicted, and they may be unable to secure another trucking position for up to 10 years due to the loss of their CDL license. Furthermore, the location where the offense occurs can impact the driver’s future. In some jurisdictions, attorneys may negotiate to keep the offense off the truck driver’s record, as losing the CDL typically means losing employment.
Additionally, DWI or DUI charges in St. Louis County can affect a truck driver’s out-of-state license due to the federal multi-state compact, which automatically reports such offenses across state lines.
Impact on a Standard Driver’s License
While a DWI or DUI may prevent a truck driver from working due to the loss of their CDL, the impact on their personal driver’s license is less restrictive. In Missouri, drivers can typically resume driving their personal vehicle after 30 days with certain limitations. After 90 days, they may drive without any restrictions.
What to Expect from Insurance Adjusters in Commercial Truck Wrecks
In commercial truck accidents, insurance adjusters must consider a variety of crucial factors when assessing the case. These factors typically include:
- Licensing status of the truck driver – Whether or not the driver holds a valid commercial driver’s license (CDL).
- Fault determination – Who is legally responsible for causing the crash.
- Cause of the accident – Investigating contributing factors such as driver error, weather conditions, or road hazards.
- Mechanical defects – Any potential malfunction or defect in the truck that could have led to the accident.
- Cargo contents – What substances or materials the truck was transporting, especially if they are hazardous.
- Driver’s legal status – The truck driver’s compliance with relevant trucking laws and regulations.
- Driver’s licensing status – Ensuring that the driver was properly licensed to operate the commercial vehicle.
- Injury severity – Assessing the extent and impact of injuries sustained by the drivers involved.
Insurance adjusters often report back to their company, but there can be a risk that their evaluation may not fully represent the damages you’re owed. This is why consulting with an attorney is critical. An attorney can perform an independent investigation, ensuring that the damages are calculated fairly and accurately, preventing you from being shortchanged by the insurance company.
Insurance Requirements for Trucking Companies
In most states, trucking companies must carry insurance for both their vehicles and drivers. This often includes standard auto insurance, but additional coverage may be required, such as:
- Medical payment coverage – Which pays for medical expenses regardless of who is at fault.
- Umbrella coverage – An extra layer of liability protection in the event that a serious accident exceeds the limits of standard coverage.
Mandatory Liability Coverage
The required liability coverage depends largely on the type of cargo being transported. When a truck is carrying hazardous materials, it is mandatory in every state for the trucking company to have adequate insurance coverage. However, when nonhazardous materials are being transported, some states may offer flexibility regarding the type and amount of insurance coverage required. Regardless of the cargo, trucking companies must maintain appropriate coverage to ensure compensation for accidents involving their vehicles.
By speaking with an attorney, you can ensure that your interests are protected, and you won’t be misled during settlement negotiations with the insurance company.
Comparative Negligence in a Truck Accident Case
Comparative Negligence in Missouri
Missouri employs comparative negligence rules in legal cases, meaning that if someone is injured in a truck accident, they can still receive compensation even if they share some responsibility for the incident. This approach contrasts with contributory negligence, which bars any compensation if the injured party is partially at fault. In Missouri, a plaintiff can still pursue damages even if the defendant is only 1% responsible for the accident.
Importance in Truck Accident Cases
In a truck accident case in Missouri, particularly in Columbia, comparative negligence becomes crucial. It applies when the injured party is partially at fault for the crash or when the defendant argues that the plaintiff shares some blame.
Understanding the Framework
Understanding this framework is essential for those involved in such cases, as it influences the potential for compensation based on the specific circumstances surrounding the accident.
How Could Someone Prove Liability?
When determining responsibility for a truck accident in Columbia, several factors come into play:
- Road blockages
- Road conditions
- Traffic signs or signals
To understand the circumstances surrounding the accident, various tools may be employed, including videos, photographs, tire marks, and data from devices that record events during the crash. Event data recorders, in particular, can prove invaluable for individuals seeking to support their claims of injury resulting from the accident. By analyzing this information, parties involved can piece together a clearer picture of what transpired.
Reach Out to a Columbia Truck Accident Attorney Today
If you’ve been injured due to a truck driver’s negligence, you could face costly medical bills and serious injuries. To hold the responsible party accountable, consult a Columbia truck accident lawyer today. They can make all the difference in securing the compensation you deserve.
(888) 550-4026
Columbia Truck Crash Lawyer FAQs
FAQ
There are a few common questions that our Columbia truck accident lawyers get from our clients. Let’s review them below so you can stay informed.
- It can be difficult to pinpoint exactly how much it costs to hire a Columbia truck accident lawyer, as it varies greatly depending on the case itself, and how complex the case is itself.
- Other potential costs associated with your case might include administrative fees, court filing fees, witness fees, and investigative expenses. Some law firms might cover these costs initially and deduct them from your settlement or award if you win the case.
- A skilled truck accident attorney can help by negotiating with insurance companies on your behalf, gathering evidence, and representing you in court if needed. At The Mutrux Firm Injury Lawyers, we strive to ensure you receive fair compensation for your injuries and losses.
- Oftentimes, truck accidents are more complex than a car accident, as they can include multiple parties that can be held liable, such as the trucking company or the manufacturer of the truck. There are also various federal regulations surrounding the ability of the truck driver, and whether or not they were within these guidelines. Columbia truck accident attorneys are experienced in navigating these complex cases, and can help with a plan of action.
- According to Missouri law, you can still seek compensation and file a claim even if you were partially at fault for the accident. You might receive lower compensation, however, due to your percentage of fault.
- No. You should always consult a lawyer first, as they are adept at negotiating with insurance adjusters, and know every avenue they will take to pin the fault on you. You should always consult your attorney, and never take calls from the other party’s insurance company.
- The black box helps provide crucial information about the truck’s speed, braking, and driving patterns prior to the accident. This data is important for your Columbia truck accident lawyer.
- Yes! Even if the truck driver or trucking company does not admit fault, you can still pursue a claim. Establishing liability in a truck accident claim often involves a thorough investigation that includes gathering evidence from the accident scene.
- If the truck involved in the accident was carrying hazardous material, the case gets a little more complex due to additional regulations and the dangers associated with the materials. Therefore, it is critical to consult an attorney that is experienced in handling these types of cases.
- Even if the driver is an independent contractor, the trucking company might still be held liable under certain circumstances, especially if they exerted control over the driver’s actions or failed to maintain safety standards.
- Yes, if a defective part or component contributed to the accident, the manufacturer or distributor of that part might be held liable. This involves proving the defect and its contribution to the accident, which requires detailed investigation.
- The strength of your case depends on various factors, including evidence, liability, and the extent of damages. Consulting with a skilled attorney who can assess your case based on the specifics is crucial in understanding its strength and potential outcomes.