Several reasons. First, there are typically multiple defendants: the driver, the trucking company, the cargo loader, the truck's owner if different from the carrier, and potentially the manufacturer if a mechanical failure contributed. Second, commercial carriers are governed by federal FMCSA regulations covering driver hours, vehicle maintenance, and cargo securement — violations of those rules create additional liability. Third, the insurance policies are much larger and the defence teams are more experienced. Fourth, critical evidence like the electronic logging device data and dashcam footage must be preserved immediately or it can be legally destroyed.

Federal law requires commercial trucks to use electronic logging devices that record how long the driver has been operating the vehicle. FMCSA hours-of-service rules limit how many hours a driver can operate before a mandatory rest period. When those limits are violated and a crash occurs, the ELD data is direct evidence of the violation. That data also captures speed and location in the period before the crash. We send a legal preservation letter to the trucking company immediately after being retained. Without that letter, the data can be overwritten within 30 days.

Usually both. Trucking companies are liable for their drivers under the legal doctrine of respondeat superior when the driver was acting within the scope of employment. They can also be independently liable for negligent hiring if they failed to properly screen the driver, negligent training, and failure to maintain the vehicle. In many cases the trucking company is the more important defendant because it carries the large commercial insurance policy and has the assets to pay a significant judgment.

Five years under RSMo 516.120 for personal injury, and three years under RSMo 537.100 if the accident was fatal. But the practical deadline for preserving the most important evidence is much shorter. We have seen ELD data destroyed within 30 days, dashcam footage overwritten in a week, and trucking companies conduct their own accident investigations before the injured party has even left the hospital. Contacting an attorney within days of a truck accident is not premature. It is necessary.

No. An immediate settlement offer after a serious truck accident is almost always a fraction of what the case is worth. Commercial carriers and their insurers know within hours roughly how much exposure they face. A fast offer is designed to close your claim before you understand the full extent of your injuries, before you have seen a specialist, and before you have any idea what your long-term medical costs will be. Once you sign a release, you cannot reopen the claim. Call us before you respond to any settlement offer.

The same categories as any personal injury case, but typically at much higher amounts given the severity of truck accident injuries. Medical costs including emergency care, surgery, rehabilitation, and long-term or lifetime care. Lost wages and future earning capacity. Pain and suffering and emotional distress. Permanent disability and disfigurement. If the crash was fatal, wrongful death damages for surviving family members including the lifetime financial support the deceased would have provided. Commercial carriers carry significantly larger insurance policies than individual drivers, which means there is more available to compensate you fully.