18 Wheeler Accident Lawyer

The term “accident” is misleading in the context of 18-wheeler crashes, as many of these incidents are caused by willful negligence. Human error, mechanical issues, and systemic issues within the trucking industry all contribute to truck crashes.

Intoxicated Truckers

Intoxication is relatively common among truckers in Missouri, and many consume a wide range of substances behind the wheel. An obvious example is alcohol consumption, which has the potential to affect judgment, reflexes, vision, and coordination. While normal motorists can legally drive with a BAC level of 0.08 percent, commercial drivers face a lower threshold of 0.04 percent. A trucker can be guilty of driving under the influence (DUI) after even a single drink.

Drug use is also a persistent issue in the trucking industry, and truckers routinely consume a wide range of substances behind the wheel. Some favor stimulants to combat fatigue, while others prefer recreational drugs to fight off boredom. Even legal prescription drugs can cause unacceptable levels of impairment.

Fortunately, drug tests accurately determine trucker intoxication after accidents. Injured plaintiffs may refer to these test results as they prove negligence and pursue compensation.

Distracted Truckers

Aside from drug use, truckers attempt to combat boredom with various distractions. Some text, watch videos, play games, or surf the web on their smartphones. Others become distracted by food, drinks, or passengers. There are many other potential examples, and accidents may occur even if truckers take their eyes off the road for a brief second.

An experienced 18-wheeler accident lawyer can determine whether a trucker was distracted prior to the collision. Many trucking companies mandate driver-facing cameras, which record everything that happens inside cabs. Cellphone data can also help determine whether the trucker was using their device moments before the collision.

Reckless Truckers

Truckers may engage in reckless behavior, and this can easily cause crashes. The trucking industry incentivizes these drivers to complete their hauls as quickly as possible. This inevitably encourages speeding, various traffic violations, and aggressive driving.

Mechanical Issues

18-wheelers are complex, heavy, and cumbersome vehicles. Even when properly maintained, they have extremely poor braking distances and maneuverability. While a small sportscar traveling at 60 mph can stop within 100 feet, a typical 18-wheeler may struggle to halt within 500 feet. Mechanical issues exacerbate these issues, and faulty brakes make accidents inevitable. Tire blowouts, suspension problems, and oil leaks all cause similar safety concerns. Many trucking companies contribute to accidents by failing to properly maintain their fleets of 18-wheelers.

Cargo Issues

Even if the 18-wheeler and its driver are safe, cargo can still pose numerous hazards. Unbalanced loads are extremely common, and this increases the risk of rollover crashes. Companies must properly load 18-wheelers by distributing weight evenly across trailers. An unbalanced load can cause a big rig to roll over during even the slowest, most gradual turns.

Many trucks also carry dangerous cargo, including flammable, explosive, toxic, or even radioactive materials. This cargo can make a relatively minor accident much more dangerous due to secondary fires, explosions, and leaks. 18-wheelers also carry high-capacity fuel tanks, increasing the chances of serious explosions after crashes.

Failing to Drive Based on Current Conditions

Missouri motorists experience a wide range of weather conditions throughout the seasons. These include tornadoes, snow, ice, fog, and rain. Truckers must drive based on the current conditions, and not necessarily the posted speed limit. When facing extreme weather, truckers have a legal responsibility to slow down, pull over, and wait for conditions to improve. Failing to drive more defensively in adverse conditions is negligent – and it can easily lead to crashes.

Poor Training or Hiring Processes

Like many other states, Missouri is struggling with a trucker shortage. This leads to more relaxed hiring processes as companies desperately try to find anyone willing to drive their 18-wheelers. A recent change makes it legal to hire truckers as young as 18. Some trucking companies overlook glaring issues among applicants – including prior driving convictions, medical problems, and drug use. Inexperienced or unqualified truckers inevitably cause more accidents, and trucking companies should be held accountable for hiring them.

You can hold numerous parties liable for your 18-wheeler accident. Each accident is slightly different, and your lawyer can help you determine who to sue based on your specific circumstances.

Trucker Liability

Perhaps the most obvious negligent party in an 18-wheeler accident is the trucker. This individual may have caused the accident due to intoxication, distraction, recklessness, or similarly negligent behavior.

Trucking Company Liability

While you can name the trucker as a defendant in your lawsuit, you should also sue the trucking company if possible. These companies typically have access to numerous assets, and they should have comprehensive insurance coverage for 18-wheeler accidents. In contrast, an individual trucker may only have limited funds – and they may be unable to cover your full range of damages.

Comparative Negligence in an 18-Wheeler Accident

You can hold numerous parties liable for a single 18-wheeler accident – including private motorists who may have contributed to the crash. For example, a reckless driver might have improperly merged onto a highway, causing a distracted driver of a large truck to swerve into your lane. After a collision of this nature, you could potentially sue the reckless driver, the trucker, and the trucking company. Each defendant may be responsible for paying a portion of your settlement based on their level of fault. Suing numerous defendants generally increases your chances of fair compensation.

Perhaps most notably, you can file an 18-wheeler accident lawsuit even if you partially contributed to the collision. Missouri follows a doctrine of “pure comparative negligence,” which means you can sue even if you were 99% responsible for your own 18-wheeler crash. A more realistic scenario, however, would involve 50% fault. For example, you might have improperly merged onto a highway before striking a distracted trucker. In this scenario, your compensation decreases based on your level of fault. If you were 50% to blame, you would receive 50% of the normal settlement. If you were 75% at fault, you would receive just 25% of your normal compensation.