What Everyone Should Know About Truck Accident Liability

Trucking accidents are incredibly complex matters – they involve injuries that tend to be more severe than regular car-on-car accidents, and there are usually multiple parties who can be held responsible. Larger and heavier than almost all other cars on the road, commercial trucks require strict regulation as a standard part of doing business. When trucking companies or drivers deviate from these rules, the consequences for other road users can be devastating.

In this blog, we will explore how fault is determined in truck accidents, the common causes of these collisions, who may be held liable, and how injured parties can begin their fight for justice with the help of a specialized personal injury attorney.

How is Fault Determined in Truck Accidents

Generally, in cases involving vehicle accidents, fault is determined by three pieces of information: the police report, witness statements, and visuals and information gathered at the accident site. Ultimately, for a truck accident liability scenario, these pieces of information will culminate in identifying the factor or person that caused or contributed to the accident.

First, the police report contains valuable information, including what the officers on the scene observed, statements from the parties involved, a detailed diagram of the accident, and sometimes a conclusion based on the above information.

Second, witness statements, whether included in the police report or not, will support who was at fault. Witness statements that are consistent, credible, and match the evidence on-site (video, photos, skid marks, etc.) can carry more weight than a preliminary police report.

Third, visuals at the accident site are very important, not just for determining fault, but for the entirety of a potential case. Photographs and videos that record tire marks, impact points, environmental conditions, lighting, signage, and vehicle damage are critical in establishing liability. This information is also often gathered by an accident reconstructionist who visits the accident site and reviews police reports to determine how the collision occurred. Altogether, this information enables the police and attorneys to make an informed decision regarding who is at fault for the accident.

A good truck accident lawyer will also obtain the following:

• Electronic Logging Device (ELD) data showing hours-of-service and driver log details, all critical evidence in truck driver negligence cases.
• Maintenance records for the tractor, trailer, and brakes (or other critical systems) to check for failures or deferred maintenance.
• “Black box” (event data recorder) information from the truck, if available, which may record speed, displacement, braking, and driver input.
• Photographs of the crash scene, including the truck, other vehicle(s), cargo, road conditions, skid marks, and signage.
• Telematics Data: Often, large trucks are equipped with recording devices that track speeding, hard braking, hard cornering, and other safety data – this data can be essential during the investigation.
• Driver logs, dispatch records, and communications between the driver and the company can show whether the driver or the company violated trucking company liability standards

What Happens When You Are Partially At Fault in a Trucking Accident

Missouri is a “pure comparative negligence” state, which means that even if you are partly at fault for the collision, you may still recover compensation. However, your award will be reduced by your percentage of fault.

Under Missouri Revised Statutes § 537.067, if you are found more than 51% at fault as a defendant, certain liability rules change.

In practical terms:

• Let’s say you suffered $100,000 in damages, and the fact-finder assigns you 30% responsibility and a trucking company 70%. Your compensation would be reduced by 30%, so you could recover up to $70,000.
• Missouri law allows you to recover damages, even if you are 90% at fault, so you should never assume you have no claim just because you believe your fault is significant.

One crucial caveat under § 537.067, if a defendant, such as a trucking company, is found to bear 51% or more of the fault, that defendant is jointly and severally liable for the full judgment, meaning the plaintiff may pursue that defendant for the full amount, even if other parties share fault.

What are the Most Common Causes of Truck Accidents?

Truck accidents can be caused by the truck itself, the truck’s driver, the cargo and its weight or position, the road being driven on, weather, or other drivers. Because liability determinations can usually be made early on and accidents caused by other drivers will not always result in litigation, the focus of this blog is on truck, truck driver, road, and weather conditions.

Truck & Cargo-Related Causes:

• Substandard maintenance of a tractor or trailer (including brakes, steering, or tires) can lead to mechanical failure or brake failure, which increases truck accident liability.
• Misloaded or overweight cargo, such as when load crews or the trucking company fail to secure, distribute, or anchor cargo properly.
• Use of advanced technologies, such as autonomous truck platooning (where multiple trucks follow closely in coordinated fashion). While promising efficiency, such systems raise legal questions about trucking company liability and safe spacing practices.

Driver-related Causes:

• Fatigue resulting from trucking hours in violation of the Federal Motor Carrier Safety Administration (FMCSA) rules is frequently observed, often accompanied by driver log falsification.
• Driving under the influence of drugs or alcohol, distracted driving (using phones, texting, in-cab distractions), reckless driving, or excessive speed.
• Improper driver training, driver fatigue management, or pressure from the trucking company to meet unrealistic deadlines.

Roadway & Weather Conditions:

• Poorly maintained roads, inadequate signage, missing guardrails, or narrowing shoulders can contribute to a trucker’s inability to avoid a collision, even if the driver was not actively negligent.
• Severe weather (ice, snow, heavy rain, high winds) combined with trucking operations can amplify risk. Some trucking companies may pressure drivers to meet schedules even in dangerous conditions, increasing the trucking company’s liability.
• The FMCSA mandates that drivers reduce their speed, or suspend driving completely, in hazardous road conditions.

Who Can Be Held Liable in a Truck Accident?

In cases where the injured non-truck driver is not at fault, multiple other parties can be held liable. Simply determining the truck driver was at fault is not enough–companies, manufacturers, loaders, and even governmental entities can share liability.

For example:

• If the company instructs a truck driver to drive more hours than permitted and then causes an accident, the trucking company may be liable for violating hours-of-service rules.
• If the cargo was misloaded or overweight, the freight owner, loader, or trucking company may share liability under trucking company liability theories and unsafe cargo practices.
• If a governmental body failed to install proper road signage (for example, warning of a narrowing shoulder) or maintain the roadway, it may share fault.
• In some cases, truck manufacturers may be liable if mechanical defects in the tractor or trailer (brakes, steering, tires) contributed.

Can Multiple Parties Be At Fault for a Truck Accident?

Yes. Multiple parties can be held responsible for a truck accident. This can include: the truck driver, the trucking company, independent contractors, the cargo owner/loader, the vehicle manufacturer, and governmental entities responsible for road design or signage. Because of this, truck accident liability often requires a complex investigation into each party’s role.

How to File a Truck Accident Claim in Missouri

After a truck collision, injured parties must act promptly to preserve evidence and protect their rights. Here are some key steps to follow:

1. Seek immediate medical care and keep all treatment records.
2. Secure witness statements, photos/videos of the crash scene, driver logbooks, and dispatch records.
3. Contact an experienced truck accident attorney who understands both state personal injury law and federal trucking-regulation frameworks.
4. Be aware of the statute of limitations. In Missouri, most personal injury claims (including truck accidents) must be filed within five years of the cause of action.
5. If the truck driver is from another state or the trucking company is out-of-state, your attorney must navigate multi-jurisdictional issues; trucking is a federally regulated industry, so interstate claims are common.

Can I File a Claim if the Truck Driver Was From Another State?

Yes. Because federal regulations govern trucking and often involve interstate commerce, it is common for out-of-state drivers and trucks to be involved. An attorney experienced in handling trucking accidents can effectively manage cross-state claims and coordinate with insurers, regulators, and federal regulations.

How Long Does a Truck Accident Case Take to Resolve?

There is no one-size-fits-all answer. Each case depends on the severity of injuries, the number of parties involved, the degree of fault, the complexity of evidence, and whether a lawsuit is filed or a settlement is reached. Cases involving serious injuries, multiple parties, defective equipment, or misloaded cargo may take many months or even years to resolve fully. Your attorney will provide a personalized timeline based on your circumstances.

Truck Accidents: Simon Law Case Highlights

• $462 Million Jury Verdict to Families of Victims of Fatal Truck Underride Crash
• $10 Million Walsh v. Mid-South Transport, Inc.

Get Help from an Experienced Truck Accident Attorney in St. Louis

The trucking accident attorneys at Simon Law are experts at taking on truck drivers, trucking companies, truck manufacturers, and government bodies. Our St. Louis injury attorneys will visit accident sites to understand the environmental factors, review all important documents, including logbooks, police reports, and witness statements, listen to and embrace your story and fight to heal, and stand by your side to fight for justice against companies that have endless resources.

Simon Law’s experienced truck accident attorneys have fought for decades on behalf of injured drivers to secure compensation for their pain and suffering caused by wrongful actions. Contact Simon Law today for a free, confidential consultation.