FAULT IN TRUCK ACCIDENT CASES IN ST.

LOUIS
Determining the Identity of All Parties Who Are At Fault in a Truck Accident Case Is Imperative Because Whoever Is At Fault for the Collision Must Compensate Victims Who Have Been Hurt in the Accident

CAREY, DANIS & LOWE

Fault in Truck Accident Cases Carey, Danis and Lowe, Attorneys at Law

Determining the identity of all parties who are at fault in a truck accident case is imperative because whoever is at fault for the collision must compensate victims who have been hurt in the accident. An experienced St. Louis truck accident lawyer can assist victims of truck collisions in obtaining the necessary evidence to prove who is at fault and in determining who to make claims for compensation against.

WHO IS AT FAULT IN TRUCK ACCIDENT CASES?

Truck collisions are frequently caused by the negligence or careless actions of a truck driver operating a commercial motor vehicle. The Federal Motor Carrier Safety Administration performed a Large Truck Crash Causation Studyand identified top causes of truck collisions to include:

Fault in Truck Accident Cases

Carey, Danis and Lowe, Attorneys at Law

The use of medications among truckers, including both prescription and overthe-counter narcotics. Driving too quickly for current road conditions or exceeding the posted speed limit. Truckers operating unfamiliar vehicles they had driven fewer than six times over the course of the six months prior to the accident. Driver Fatigue. Driver distraction, including external distractions or the use of electronic devices. Drivers making illegal maneuvers. Driving while intoxicated or impaired by illegal narcotics. Drivers being faced with too much work pressure from trucking companies. Failure to adequately load the truck properly or to balance and secure the load. Failure to inspect their truck and/or trailer for defects before a trip.

In each of these situations, the action leading up to the collision was taken by the trucker who was operating the vehicle. If the drivers actions were the cause of the crash, the driver is at fault for the accident and resulting injuries. Truckers who violate any safety rules or regulations are presumed to be negligent and thus likely at fault for resulting collisions. This includes safety regulations set by state law as well as by the Federal Motor Carrier Safety Administration. When a trucker is presumed negligent, victims of a truck collision may recover

Fault in Truck Accident Cases

Carey, Danis and Lowe, Attorneys at Law

compensation after the accident as long as they can prove that the truckers negligence was the direct cause of their injuries. Trucker behavior can also lead to a collision even if it does not directly violate an established safety law. In such cases, the victims of the collision would need to prove that no reasonably careful truck driver would have behaved as the trucker did under the same circumstances. It would also be necessary to prove that the accident occurred as a direct result of the truckers negligent behavior in order to recover compensation.

WHEN A TRUCKING COMPANY IS AT FAULT FOR A TRUCK ACCIDENT

When a truck driver is at fault for a truck collision, plaintiffs may pursue a personal injury or wrongful death lawsuit against the driver. However, in many cases, the plaintiffs may also pursue a claim against the trucking company that employs or contracts with the negligent trucker. Trucking companies may be held legally liable for accidents if the company itself is negligent in some way that caused the collision. A trucking company could be considered negligent if it fails to have reasonable policies and practices in place to secure the safety of motorists on the road, such as negligent hiring and retention of a truck driver. This happens when a trucking company does an inadequate

Fault in Truck Accident Cases

Carey, Danis and Lowe, Attorneys at Law

background check or continues the employment of a driver who has a history of driving too fast or an excessive number of accidents. Trucking companies may also be considered at fault for truck accidents even in situations where the company itself has appropriate policies in place and did everything right. This is because truck drivers are considered to be agents of the companies that employ them. When an agent is negligent or careless, this is the legal equivalent of the company itself being negligent or careless. Thus, any driver negligence while on-duty means that the trucking company could be liable by collision victims. Since trucking companies are required to have a minimum of $750,000 in insurance coverage when transporting property, and as much as $5 million in coverage when the property is hazardous, plaintiffs who pursue claims against trucking companies have more money available to compensate them in full for injuries and losses.

OTHER DEFENDANTS IN TRUCK ACCIDENT CASES

In addition to truck drivers and trucking companies, there may also be others who are responsible for causing truck accidents. For example: A mechanic who fails to provide professional quality repair service on a truck can be at fault for any collisions that result from the repair failures. The manufacturer of a truck or truck parts can be held legally liable for any accidents that result from defective parts or vehicle operation. Shipping companies that contract with truckers can sometimes be held legally liable in cases where the shipper failed to disclose the hazardous nature of the materials being transported.

Fault in Truck Accident Cases

Carey, Danis and Lowe, Attorneys at Law

Government agencies responsible for designing and maintaining roads could be held legally liable in situations where the road conditions were the cause of the truck collision.

In some cases, there are multiple parties who are at fault for truck accidents. When this occurs, victims of the collision can take legal action against all defendants who are to blame for the collision. Depending upon the circumstances, the defendants could be jointly and severally liable and could all share an obligation to repay the victim of the accident in full for all losses and damages. A St. Louis truck accident lawyer can help those who have been harmed in a truck collision to determine who is at fault, to obtain necessary evidence to prove fault, and to take appropriate legal action to recover compensation for damages.

Fault in Truck Accident Cases

Carey, Danis and Lowe, Attorneys at Law

About Carey, Danis & Lowe, Attorneys at Law

Carey, Danis & Lowe exclusively represents plaintiffs in litigation. The firm practices a wide area of personal injury law including trucking accidents, medical malpractice, auto accidents, motorcycle accidents, product liability, burn injuries, defective prescription drugs, and defective medical devices. Currently approximately 50% of the practice is devoted to prescription drug litigation, including drugs such as Yaz, Pradaxa, Zoloft, Prozac, Lexapro, Paxil, and defective medical devices including Mirena, Transvaginal Mesh, Depuy ASR Hips, and Nextgen Knees. The remainder of the practice is devoted to trucking accidents, auto accidents, motorcycle accidents, medical malpractice, and other serious personal injuries. The firm is headquartered in St. Louis, Missouri, but practices throughout the nation. We have successfully handled cases from coast to coast. The law firm prides itself on personally handling all cases it takes in, and has the expertise to, if necessary, try the case to a jury no matter how complex or lengthy. The firm has a successful track record in obtaining large jury verdicts for their injured clients as well as substantial settlements. The firm has obtained multi million dollar verdicts and settlements in personal injury cases, including a $105 million jury verdict involving the explosive separation of a multi-piece wheel against Firestone which was the largest verdict in Missouri that year, a $13 million verdict against a hotel where a boxing match was held for not having an ambulance on site, a $4.5 million jury verdict against medical Engineering Corporation for a defective breast implant, a $2 million jury verdict in a medical malpractice case, a $2.1 million settlement involving a trucking accident, a $1.1 million verdict in a motorcycle accident case, a $1,050,000 verdict in a trucking accident case, a $1 million judgment in underinsured motorist case, and many others. The firm has also represented thousands of clients in pharmaceutical and medical device cases and recovered over a billion dollars. Some of the settlements and judgments involve Fen Phen, Baycol, Vioxx, Bextra, Avandia, Paxil, Smith & Nephew Macrotextured Knees, and Depuy ASR metal on metal hips. The firm is dedicated to providing excellent legal representation for people injured by defective products or in a variety of accidents. Carey, Danis & Lowe, Attorneys at Law 8235 Forsyth Blvd, Suite 1100 St. Louis, Missouri 63105 http://www.cdlinjurylaw.com Practice Areas Trucking Accidents / 18-Wheeler Crashes Pharmaceutical Liability Motor Vehicle Accidents Personal Injury Medical Malpractice Defective Medical Devices Commercial Litigation

Fault in Truck Accident Cases

Carey, Danis and Lowe, Attorneys at Law