When you’re involved in a semi-truck accident, determining liability is essential for getting the compensation you deserve. Accidents with large commercial vehicles are significantly different from standard car accidents, and understanding who is at fault can be tricky.
At SJP Sifers Jensen Palmer, we’ve helped countless individuals who have been involved in semi-truck accidents in Missouri and Kansas. We’ve seen firsthand how the process can unfold and how crucial it is to properly assess liability.
We’ll walk you through how liability is determined in semi-truck accident cases under Missouri and Kansas law. As accident attorneys, we know how much confusion can arise from these situations, and we’re here to help clear things up.
By understanding the factors that influence liability, you’ll be better equipped to handle your case and move forward with confidence.
A semi-truck accident typically involves larger vehicles such as big rigs, tractor-trailers, or 18-wheelers. These accidents often result in more severe damage than regular car accidents due to the size and weight of the truck.
It’s important to remember that the driver of the truck isn’t the only potential party that could be liable. Other entities, such as the trucking company, the manufacturer of the truck or its parts, or even maintenance contractors, could share the responsibility.
One of the most significant aspects of determining liability in semi-truck accidents is understanding that the case will often involve multiple factors, such as driver error, vehicle malfunction, weather conditions, and more.
This is why it’s important to work with an experienced accident attorney who knows how to identify all potential sources of fault in the case.
In both Missouri and Kansas, the laws surrounding liability in semi-truck accidents are influenced by several key factors. Below, we discuss how these factors play a part in determining who is responsible.
As an accident attorney, one of the first things we examine in a semi-truck accident case is whether the truck driver was negligent. Truck drivers are required to follow strict regulations regarding driving hours, vehicle maintenance, and safety practices. If the driver violates any of these regulations, they could be held liable for the accident.
In Missouri and Kansas, truck drivers are also required to drive in a way that doesn't endanger other people on the road. This includes obeying traffic signals, following speed limits, and avoiding reckless behaviors such as driving while fatigued or under the influence of alcohol or drugs.
If we find that the truck driver failed to follow these basic safety rules, we may have grounds to pursue a claim against them for negligence.
Both Missouri and Kansas follow the principle of vicarious liability, meaning that employers can be held responsible for the actions of their employees, including truck drivers. If the truck driver was on the job and operating the vehicle within the scope of their employment when the accident occurred, the employer may share in the liability.
If the driver was negligent in their duties, it’s often the trucking company’s responsibility to pay for the damages caused. This is why it’s so important to identify whether the driver was working for a company at the time of the accident.
An accident attorney from SJP Sifers Jensen Palmer will investigate this thoroughly to determine if the employer can be held accountable for the driver’s actions.
Apart from the truck driver’s actions, the trucking company itself can also be held liable in some cases. If the trucking company failed to maintain the vehicle properly or didn’t conduct adequate background checks on its drivers, they could be held responsible for the accident.
This is particularly common if the truck was improperly loaded or if the company was negligent in enforcing driving limits or maintenance schedules.
In both Missouri and Kansas, trucking companies have a duty to maintain their vehicles in safe working conditions. If an accident occurs because of poor maintenance, like faulty brakes or worn-out tires, the trucking company may be found liable.
As accident attorneys, we will gather evidence to prove that the company’s negligence led to the crash.
In some cases, the semi-truck accident may not be due to the actions of the driver or trucking company at all. Sometimes, the cause of the accident can be traced back to a defect in the vehicle or its components.
This could include problems with the braking system, steering, or other essential truck parts. If the truck’s manufacturer is found to be at fault due to design flaws or manufacturing defects, they can be held liable for the accident.
The investigation into vehicle defects can be intricate, but an experienced accident attorney will be able to identify whether a third-party manufacturer is liable for the damages. They will also know how to handle these kinds of claims in Missouri and Kansas courts.
Both Missouri and Kansas are known for their unpredictable weather, which can sometimes play a significant role in truck accidents. Adverse weather conditions, such as rain, snow, fog, or ice, can make driving hazardous for even the most experienced drivers.
In some cases, the weather may be a factor in the accident, but it’s important to establish whether the driver was exercising caution under these conditions.
While weather may be a contributing factor, it does not automatically absolve the driver or the trucking company from liability. If it can be shown that the driver was not taking proper precautions for weather-related hazards, they may still be held accountable.
As seasoned auto accident attorneys, we know how to determine whether weather conditions played a significant role or if other factors, such as the driver’s failure to slow down, contributed to the crash.
Driver fatigue is a major concern in semi-truck accident cases. The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations regarding the number of hours a truck driver can be on the road without taking rest breaks.
Unfortunately, some truck drivers and trucking companies ignore these regulations, leading to accidents caused by fatigued drivers.
In Missouri and Kansas, if it’s determined that the truck driver was operating the vehicle beyond the allowed hours or without adequate rest, they may be held liable for the accident. Your personal injury attorney will investigate the driver’s logs, electronic records, and other documentation to determine if fatigue was a factor in the crash.
Once we’ve identified the potential parties involved in the accident, we’ll need to gather and present evidence to support the claim. This evidence can include things like:
Driver logs: These documents provide important details about the driver’s work hours and rest periods.
Truck maintenance records: If the accident was caused by a mechanical failure, we’ll look into whether the truck was properly maintained.
Witness testimonies: Eyewitness accounts can help establish what happened during the accident.
Accident reports: Police reports and other documents can help us understand the circumstances surrounding the accident.
Crash data: Many trucks have black boxes that record data like speed, braking, and engine activity. These can be critical in determining fault.
At SJP Sifers Jensen Palmer, we rely on our experience and resources to collect and analyze this evidence. By thoroughly examining all available information, we can determine liability and pursue the appropriate legal action on your behalf.
Both Missouri and Kansas have comparative negligence laws, which means that if multiple parties are found to be at fault in an accident, each party’s degree of fault will determine their level of liability. This can be especially important in semi-truck accidents, where fault is often shared among multiple parties.
Missouri follows a modified comparative fault rule, where a party can only recover damages if they are found to be less than 51% at fault for the accident. If you are found to be more than 50% responsible for the crash, you may not be able to recover any compensation.
Kansas, on the other hand, follows a pure comparative fault rule. This means that even if you are partially at fault, you can still recover damages, but your compensation will be reduced based on your percentage of fault.
As your accident attorney, we will work to prove that you are not primarily responsible for the accident, so you can receive the full compensation you deserve under the law.
Whether it’s the truck driver, the trucking company, or a third party that is responsible, SJP Sifers Jensen Palmer is here to help. We are proud to serve Kansas City, Missouri and Springfield, Missouri, as well as the Kansas City Metropolitan Area, Kansas. Call us today for a consultation.
When you’re involved in a semi-truck accident, determining liability is essential for getting the compensation you deserve. Accidents with large commercial vehicles are significantly different from standard car accidents, and understanding who is at fault can be tricky.
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