Chesterfield Truck Accident Attorney

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Truck accidents may be less common than passenger vehicle accidents, but they can raise very complex legal questions and result in severe damages to everyone involved. Commercial truck crash injuries and fatalities are disproportionally higher compared to passenger vehicle crashes. Obviously, the biggest variable between commercial semi-trucks and passenger vehicles is size and weight. If you or a loved one recently experienced a truck accident, you need legal counsel you can trust to help you recover. A Chesterfield truck accident attorney is the ideal asset for anyone in this situation, and the sooner you connect with a legal team, the sooner you can begin working toward your recovery.

Experienced Legal Counsel for Truck Accident Claims in Chesterfield, MO

The Cagle Law Firm offers client-focused and compassionate legal representation for a wide range of vehicle accident claims in Chesterfield, including those involving commercial trucks. These accidents can be very difficult to resolve for various reasons. It’s possible for more than one party to bear fault for a truck accident, and the damages in question are likely to be substantial.

You need legal counsel you can trust to help you navigate the various stages of your recovery efforts and maximize the compensation you receive from the at-fault driver’s insurance carrier. Our firm will assist you with filing your auto insurance claim, addressing any issues raised by the insurance carrier, and filing a personal injury lawsuit against the insurer if they fail to extend a fair settlement offer or unfairly deny your claim for compensation.

While it is technically possible for you to attempt to recover from your truck accident without hiring an attorney, it is likely to be far more challenging and unsuccessful. You would be contending with strict procedural obligations alongside your medical treatment following the accident. An insurance company would be delighted to see that you do not have legal representation and would make every effort to take full advantage of this fact.

Proving Liability for a Truck Accident in Chesterfield

The first legal obstacle you must overcome in your efforts to recover from a commercial truck accident in Chesterfield is proving exactly how the accident happened. Driver negligence is the most commonly cited cause of truck accidents throughout the state each year, and this may take many forms. Truck accidents can happen for many of the same reasons that all other vehicle accidents happen, but large trucks are also susceptible to a few unique risk factors.

Some of the most commonly reported causes of large truck accidents include:

  • Driver inattention. Distraction and inattention behind the wheel can easily cause a severe accident. Texting while driving and any other activities that draw a driver’s hands, eyes, and focus away from safely operating their vehicle are potentially dangerous. Commercial drivers are professional drivers and are required to adhere to Federal Motor Carrier Safety Administration regulations. Your Chesterfield truck accident attorney will gather the evidence needed to prove another driver’s distraction behind the wheel caused your recent accident.
  • It is dangerous for any driver to speed, but especially so for large truck drivers. These vehicles require more time and distance to slow down or stop if traffic conditions suddenly change. Speeding not only increases the chance of an accident happening but also the severity of resulting damages when an accident does occur.
  • Traffic violations. Traffic signals and road signs exist to maintain a safe flow of traffic, allowing drivers to anticipate the actions of other drivers. When a driver commits a moving violation, such as driving through a red light, turning illegally, or failing to yield the right-of-way, they put themselves and others at risk.
  • Improper cargo loading. A large tractor-trailer is vulnerable to tipping or rolling over if its trailer is not packed correctly. Imbalanced cargo can cause the driver to lose control of the vehicle. around a sharp turn or steep roadway. The party responsible for packing the truck could be held liable for any damages resulting from their failure to pack and secure cargo correctly.
  • Mechanical failures. Large commercial trucks spend more time on the road than most passenger vehicles and have more complex internal components. This means increased maintenance needs compared to most other vehicles, and failure to conduct proper maintenance on a truck can lead to mechanical failures on the road. Liability could also fall to the party responsible for maintaining the truck after this type of accident.
  • Trucking industry regulatory violations. Many regulations apply to the trucking industry at state and federal levels including the Federal Motor Carrier Safety Administration regulations. Trucking companies that fail to enforce these regulations face liability for resulting accidents as well as legal penalties.

In a truck accident case, employer liability could arise due to the failure of an employer to conduct a background check on a driver, failure to ensure proper experience or training, or failure to enforce industry regulations. A transportation company can be liable for negligent hiring and supervision practices if it results in a crash or contributes to a crash. Most often, an attorney is needed to know the regulations. Transportation companies do not just offer to tell you they were involved in negligent hiring or training processes and the discovery of such issues usually requires discovery including depositions of appropriate personnel/ Fault could potentially fall to more than one party, and you will need an attorney’s guidance to help you determine the optimal method of resolving any such issues in your case.

Your Chesterfield truck accident attorney gathers evidence to argue fault for your truck accident and identify all parties bearing liability for your damages. It is also important to consider whether you may bear any shared responsibility for causing the accident. If so, Missouri’s pure comparative negligence statute will apply to your case, and you will lose a percentage of your case award equal to your percentage of fault for causing the accident. Insurance companies almost always allege comparative fault in their efforts to reduce their financial liabilities to claimants.

An experienced legal team will be your most valuable asset when it comes to securing the evidence you will need to firmly establish liability for your accident and identify all liable parties responsible for causing your damages. You may require a combination of physical and digital evidence as well as witness testimony, footage from traffic cameras, and even input from various expert witnesses. An attorney can make gathering evidence much easier, and it is important for them to start securing this evidence after your accident.

Filing Your Auto Insurance Claim for a Truck Accident

Every driver in the state must have car insurance that complies with the requirements for basic coverage, and this insurance comes into play after a driver has caused an accident resulting in harm to another driver. The injured party has the right to file a claim against the at-fault driver’s auto insurance, but this process is often more challenging than the average person expects. Your Chesterfield truck accident attorney can make filing your claim much easier. and more successful.

Theoretically, you file a claim and the insurance carrier sends you an appropriate offer. In reality, when you fail to hire a lawyer, the insurance carrier may ignore your correspondence, dispute fault or devalue your injuries. If you are seriously injured, the insurance carrier is not likely to fully compensate you for all medical treatment and expenses. Your Chesterfield truck accident attorney will send a letter advising them of representation. Insurance carriers often engage, in unfair delays, denials, or low-ball settlement offers. If the insurance company does not extend a fair offer response, your attorney may file a lawsuit.

Claiming Compensation with a Personal Injury Suit

Success with any personal injury lawsuit requires proof that the defendant breached a duty of care they held to the plaintiff and, in doing so, caused physical injury. The plaintiff must prove that the defendant’s negligence or illegal misconduct directly caused the damages you suffered. Also, your attorney uses medical treatment records and often, testimony from providers to prove he full extent of those damages. They must also show proof of causation, meaning that their damages did not result from any other cause.

Your Chesterfield truck accident attorney will compile the evidence needed to form the foundation of your claim and to prove the full scope of your losses. Under Missouri’s personal injury statutes, it is possible for a plaintiff to claim compensation for:

  • Medical expenses. The plaintiff may claim full compensation for their immediate and future medical treatment costs arising from the accident. Many truck accidents cause severe injuries that demand ongoing or life-time rehabilitative care. Your attorney can assist in holding an insurance company accountable for the full scope of immediate and future medical treatment costs you face after your truck accident.
  • Lost income. The victim of a truck accident may not be able to work while they recover from their injuries, or they may be unable to return to work at all if they suffered catastrophic injuries that resulted in permanent disability. You can claim compensation for all lost income and lost earning power resulting from your accident. Your attorney can help you accurately calculate future income you can include in your suit.

Aside from these economic damages, a plaintiff may also seek financial compensation for their pain and suffering. The term “pain and suffering” can apply to physical pain from injuries, emotional distress from the trauma of experiencing a severe accident, and loss of quality of life if the victim has suffered any type of permanently disabling injury. Depending on the severity of the injuries, a spouse may be able to make a loss of consortium claim as well.

State law does not enforce a cap on pain and suffering compensation in truck accident claims, nor is there a formula that must be used to calculate it. The more severe the plaintiff’s injuries and the greater the scope of their long-term medical issues, the more they may claim for pain and suffering. The plaintiff’s attorney will help their client determine a suitable figure based on the severity of the injuries they suffered.

If you are expected to make a full recovery from your injuries in the near future, your attorney may seek pain and suffering compensation that reflects the length of your recovery time. If you suffered any permanently disabling injuries, they are more likely to seek an amount based on the total of your economic damages multiplied by a factor that reflects the severity of your condition.

In the event the defendant in your claim caused your truck accident by breaking the law, it is possible that you may receive punitive damages. A plaintiff may make a recommendation regarding punitive damages in a civil trial, and the jury or judge will decide how much they will receive based on the severity of the defendant’s behavior.

How Your Chesterfield Truck Accident Attorney Can Help

The right attorney is critical if you have been injured. When you choose The Cagle Law Firm to represent you in a truck accident claim in Chesterfield, you will have immediate access to the full scope of our professional resources, skills, and experience. We take time to learn about every client we represent, helping them understand their legal proceedings in clearer detail as we guide them toward recovery.

You can rely on our firm to guide you through the insurance claim process. If the insurance company refuses to extend a reasonable settlement offer, you can trust our firm to help you file a personal injury lawsuit that seeks compensation.

If litigation is necessary, you can rely on our firm to fight for you in the courtroom. Our goal is to maximize your recovery in the most efficient manner. Our attorneys have a great track record in the trial court.

We use a contingency fee for all personal injury cases. This means you will only pay our firm a fee if and when we win your case. Our contingency fee is a percentage of the total compensation we secure on your behalf. Our payment is contingent upon our ability to maximize your recovery.

You have a limited time in which to gather the evidence essential to win your case. The sooner you get started, the more likely you are to succeed. Contact The Cagle Law Firm today to schedule a free consultation with a Chesterfield truck accident attorney and learn how our firm can assist with your recovery efforts.

Contact Us Today

The Cagle Law Firm serves accident and injury clients throughout St. Louis and the greater St. Louis metropolitan area, including the eastern Missouri and southern Illinois communities. If you or a loved one needs legal assistance with your personal injury case, call The Cagle Law Firm at (314) 276-1681 or use our online contact form to schedule a free consultation.

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