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Missouri Truck Accident Laws
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Missouri Truck Accident Laws
Missouri truck accident laws are designed to regulate the behavior of truck drivers, commercial trucking companies, and other motorists on the road. These laws help establish who is liable in the event of an accident involving a commercial truck. In Missouri, truck accident cases can be complicated due to the numerous regulations that govern the trucking industry. It’s crucial for those involved in such incidents to understand how these laws may impact their case.
Key Missouri Trucking Regulations
Missouri follows both state and federal laws in regulating commercial trucks. The Federal Motor Carrier Safety Administration (FMCSA) sets the nationwide rules for truck safety, which Missouri adheres to in conjunction with state-specific laws. These regulations cover everything from the weight limits of trucks to the number of hours a driver can be on the road without a break.
Truck drivers are limited in the number of consecutive hours they can operate a vehicle. This is designed to reduce the risk of accidents caused by driver fatigue, which is a common factor in many truck accidents. Additionally, trucking companies are required to properly maintain their vehicles to prevent mechanical failures that could result in accidents. Failure to follow these regulations can contribute to liability in a Missouri truck accident case.
Carriers employing truck drivers must maintain records such as employment applications, inquiries to previous employers and state agencies, annual driving reviews, certifications, and medical and training documents. Drivers must follow hours-of-service (HOS) limits: 14 hours on duty with 11 hours of driving, followed by a 10-hour rest, and limits on weekly hours worked. Logs of duty time are required unless operating within a 100-mile radius. Drivers must take a 30-minute break after 8 hours. A BAC of 0.04% or higher qualifies as DUI, and open alcohol containers are prohibited in the cab.
Missouri truck accident laws also involve considerations such as comparative fault. Missouri is a pure comparative fault state, meaning that even if a person is partially at fault for a truck accident, they can still recover damages. However, the damages they recover will be reduced by the percentage of fault assigned to them.
Liability In Truck Accidents
Liability in a truck accident is determined by multiple factors, including who caused the accident and whether any violations of Missouri truck accident laws or federal regulations were involved. In Missouri, it is possible to hold multiple parties accountable for a truck accident, including the truck driver, the trucking company, the company responsible for truck maintenance, and in some cases, even manufacturers of truck parts.
Truck drivers and trucking companies are required to carry higher levels of insurance coverage compared to regular motorists due to the potential for greater damage in truck accidents. This means that if a truck driver or trucking company is found liable, there may be more compensation available to those injured in the accident.
The Statute Of Limitations For Missouri Truck Accidents
Missouri has a specific time limit, known as the statute of limitations, for filing truck accident claims. Under Missouri law, you have five years from the date of the accident to file a personal injury lawsuit. If the accident resulted in a fatality, the statute of limitations for a wrongful death claim is three years. Failing to file a claim within these time limits could result in the loss of your right to seek compensation.
However, it is always advisable to act sooner rather than later. Evidence in truck accident cases, such as witness testimonies and traffic camera footage, can become more difficult to obtain as time passes. This is why it’s critical to gather evidence and seek legal assistance early on.
What To Do After A Truck Accident
After a truck accident, it’s important to seek medical attention immediately, even if you do not feel seriously injured at first. Truck accidents can cause severe injuries that may not be apparent right away. Additionally, document the accident as thoroughly as possible. This includes taking photos, gathering witness contact information, and keeping all records of medical treatment.
It’s also essential to understand that trucking companies often have teams dedicated to defending against accident claims, which makes having legal representation valuable for those involved.
Contact Us For Legal Assistance
Missouri truck accident laws can affect the outcome of your claim, and it’s important to protect your rights after an accident. If you or a loved one has been involved in a truck accident, don’t wait to seek legal advice. At Truck Law, we are committed to helping you pursue the compensation you are entitled to under Missouri law. Contact us today to discuss your case and take the first step toward recovering from your accident.