PERSONAL INJURY

    Semi-Truck Accident Lawyer in Liberty, MO

    When a semi hits a car, the car loses

    A loaded tractor-trailer can weigh many times more than a passenger car. In most crashes between the two, the truck driver walks away and the people in the car are the ones with serious or life-changing injuries.

    Truck crash cases are also different from car crash cases. There are federal safety rules, more than one company that may share the blame, larger insurance policies, and a trucking company that usually starts building its defense within hours.

    Dougherty & Holloway is a personal injury law firm in Liberty, Missouri. Partners Ed Dougherty and Philip Holloway are trial attorneys with more than 80 years of combined experience and more than 300 jury trials between them. Ed has handled and tried numerous cases involving semi-tractor trailer collisions, and Phil's practice has focused on vehicle crashes, including semi-truck cases. You work directly with them, not a case manager.

    Trucking companies investigate right away. You should too.

    Trucking companies and their insurers have procedures they start the moment a driver reports a crash. They may send investigators to the scene before you've left the hospital. Their goal is to limit what they owe.

    That's why it matters to get a lawyer involved early. We move quickly to:

    • Send a preservation letter so the company doesn't lose or overwrite key evidence
    • Secure the truck's electronic control module (the "black box"), which can record speed, braking and engine data
    • Get the driver's hours-of-service records and electronic logging device (ELD) data
    • Get maintenance, inspection and repair records for the truck and trailer
    • Look at the driver's qualification file, training, and drug and alcohol testing records
    • Find dash camera footage, nearby business video and witness statements

    Some of these records only have to be kept for a limited time. Federal rules, for example, require carriers to keep drivers' hours-of-service records for six months. Waiting can mean losing the evidence that proves your case.

    Federal rules truck drivers have to follow

    Interstate trucking companies and drivers have to follow the Federal Motor Carrier Safety Regulations. When a crash happens, we look at whether any of these rules were broken:

    • Hours of service. A property-carrying driver can drive up to 11 hours after 10 hours off duty, can't drive past the 14th hour after coming on duty, has to take a 30-minute break after 8 hours of driving, and can't go over 60 hours in 7 days or 70 hours in 8 days.
    • Electronic logging devices. Most drivers have to record their hours with an ELD, which makes it harder to hide fatigue violations.
    • Inspection and maintenance. Carriers have to inspect, repair and maintain their trucks, and drivers have to do inspections and report defects.
    • Driver qualifications. Drivers need a commercial driver's license, a medical certificate and, for carriers, a qualification file. Carriers have to run drug and alcohol testing.
    • Cargo securement. Loads have to be properly secured so they don't shift or fall.

    A broken rule doesn't win a case by itself, but it can be strong evidence of negligence.

    Common causes of truck crashes

    • Driver fatigue and hours-of-service violations
    • Speeding or driving too fast for conditions
    • Distracted driving, including phone use
    • Brake failure and poor maintenance
    • Overloaded or improperly secured cargo
    • Unsafe lane changes and wide turns
    • Jackknife and rollover crashes
    • Rear-end crashes, where a truck can't stop in time
    • Underride crashes
    • Impaired driving

    Who can be responsible

    A truck crash can involve several responsible parties:

    • The truck driver
    • The trucking company, which may be responsible for its driver and for its own failures in hiring, training, supervising or scheduling
    • The owner of the truck or trailer, if different from the carrier
    • The company that loaded the cargo
    • A maintenance or repair company
    • The maker of a defective truck, trailer or part (see product defect claims)

    We investigate every possible source of liability and insurance coverage. Commercial trucks usually carry larger insurance policies than passenger cars, which can matter when injuries are serious.

    Trucks on the roads around Liberty

    Liberty sits along I-35, and Routes 291 and 152 run through town. Tractor-trailers use these roads every day to move freight through the Northland. If you were hurt in a crash with a commercial truck anywhere in Clay County or the Kansas City area, we can help.

    What to do after a semi-truck accident

    1. Call 911 to report the crash and get medical care for anyone who's hurt.
    2. If you can, take photos of the scene, all the vehicles, the road conditions and any visible injuries.
    3. Get the truck driver's name, the trucking company's name, the insurance information and the truck and trailer numbers. Many trucks also show a USDOT number on the door.
    4. Get the names and phone numbers of witnesses.
    5. Don't sign anything from a trucking company representative before you talk with a lawyer.
    6. Don't give a recorded statement to the trucking company's insurance company.
    7. Call Dougherty & Holloway at (816) 891-9990 as soon as you can.

    What compensation can cover

    Every case is different. Depending on what happened, compensation in a truck crash case can include medical bills now and in the future, lost wages, lost earning capacity, pain and suffering, emotional distress, and property damage. When a trucking company or driver acts with reckless disregard for safety, punitive damages may be possible. If a family has lost someone, see our wrongful death page.

    Missouri's pure comparative fault rule applies to truck crashes. Even if the trucking company says you were partly to blame, you can still recover, reduced by your share of fault.

    How we handle your semi-truck case

    1. Immediate investigation. We move quickly to preserve the black box data, driver logs, maintenance records and company safety history before they're lost.
    2. Identify all liable parties. We look at the driver, the carrier, the truck and trailer owners, loaders, maintenance companies and manufacturers.
    3. Understand your injuries. We work with your medical team to understand your injuries, including long-term care, rehabilitation and how they affect your ability to work.
    4. Negotiate, and go to trial if needed. We negotiate with the trucking company's insurers. If they won't make a fair offer, we're prepared to take your case to trial.

    Talk with a trial attorney

    Consultations are free, and we work on a contingency fee. Ask us how fees and case costs work before you sign anything. Call (816) 891-9990, Monday through Friday, 8:00 AM to 5:00 PM, or request a free consultation.

    Request a free consultation

    Frequently Asked Questions

    Why are truck accident cases more complex than car accident cases?

    They involve federal safety rules for drivers, trucks and cargo, often more than one responsible company, and larger insurance policies. Trucking companies also have investigators and lawyers working on the case right away.

    What is a truck's black box?

    Most commercial trucks have an electronic control module that can record data like speed, braking and engine activity. Together with ELD hours data, it can show whether a driver was speeding, braking late or driving too long.

    Can I sue the trucking company, not just the driver?

    Often, yes. A trucking company can be responsible for its driver's actions on the job, and for its own failures, like poor hiring, training, maintenance or pushing drivers past federal hour limits.

    How long do I have to file a truck accident claim in Missouri?

    Most personal injury claims in Missouri must be filed within five years. Wrongful death claims must be filed within three years. Evidence can disappear much faster than that, so don't wait.

    What if the truck driver says the crash was my fault?

    Missouri uses pure comparative fault, so you can still recover even if you share some of the blame. Your recovery is reduced by your percentage of fault. The black box, logs and scene evidence often tell a different story than the driver.

    What compensation is available after a semi-truck crash?

    Depending on the case, medical expenses, lost wages, lost earning capacity, pain and suffering, emotional distress and, in some cases, punitive damages.

    More questions? See our Missouri car accident FAQ.

    Ready to Discuss Your Case?

    The consultation is free and there is no obligation. Call us today or fill out our form and we will get back to you as soon as possible.