The American highways are more dangerous than ever, considering the steady increase in the number of heavy vehicles. According to the National Safety Council statistics, 5,788 people died in large-truck mishaps in 2021. The number is intimidating, and it becomes an even bigger reason to worry because it represents a 17% increase from 2020 and a 47% spurt in the last ten years.
While the statistics are scary, they are not uniform for all states and locations. Missouri is among the high-risk states as it has more than 140,000 trucking jobs. St. Louis accounts for numerous truck mishaps every year because it is a centralized cargo and freight hub. As a driver or passenger, you must always be extra watchful about commercial trucks on the roads and highways of the area.
But even the best drivers may have a bad day on the road when a negligent trucker loses control and crashes into their vehicle. Fortunately, you can lean on the American personal injury law to claim compensation for your injuries and damages. But don’t expect it to be easy because you will have to fight a legal battle against a powerful company instead of a negligent driver.
Let us share a few legal tips to win the battle and get the compensation you rightfully deserve.
Table of Contents
Get Legal Assistance Sooner Than Later
Truck accidents are often the worst of road mishaps, with severe injuries and fatalities being common due to the sheer size of the vehicles. Even worse, trucking companies, their lawyers, and insurers have tons of tactics to avoid paying the victims. Getting prompt legal assistance should be the first thing on your mind after you seek medical treatment and feel stable.
Look for a local lawyer because it is easy to plan meetings and visit their office during the settlement process when you are injured. Collaborate with a St. Louis trucking accident lawyer if you live in St. Louis or were involved in an accident in or around the city. Another benefit of hiring a local lawyer is that they know the state-specific norms, such as the statute of limitations, damage caps, and fault and liability rules.
According to TorHoerman Law, truck drivers and trucking companies in St. Louis must follow the federal safety guidelines. These include following driving hour limits, maintaining log books, sticking with speed limits, and ensuring regular vehicle maintenance. Failing to follow these rules makes them liable for negligent mishaps. Victims can get rightful compensation by proving that trucking companies failed to do their bit with the “duty of care.”
Stay a Step Ahead of Corporate Tactics
Having a seasoned lawyer to handle your claim puts you in a good place, but awareness is equally crucial for victims. Failing to realize the corporate tactics can land you in trouble with a lowball offer or even no compensation. But knowing what a trucking company is capable of helps you build a strategy to beat them. Here are a few tricks they may try to settle the claim for less or pay nothing:
● Coercion
The insurance adjuster may coerce you into giving a recorded statement and use it against you in court or during settlement. Avoid saying anything or giving a statement because you aren’t legally required to do it.
● Lowball Settlements
The trucking company’s insurer may try to close the case with a lowball settlement that hardly covers your injuries and damages. The best way to stay safe from the tactic is to settle only after consulting a lawyer and take the case to court if the offer is not good enough.
● Evidence Tampering
Since trucking businesses have resources, they may use them to alter or destroy evidence after a crash. They may tamper with the driver’s logs, destroy the driver’s qualification file, or wipe out the post-crash drug tests to cover up their negligence.
● Extended Delays
Another unlawful tactic a trucking business may try is to delay your claim until you miss out on the deadline of the statute of limitation. In Missouri, you have five years to file a lawsuit, so make sure you don’t fall for the tactic and lose your chance.
Don’t Give Up!
You must seek justice and compensation for your injuries after a truck accident, no matter who is on the other side. Never accept less than the amount you deserve, whether you opt for a settlement or fight a lawsuit. Get prompt medical treatment, gather every piece of evidence, and hire a lawyer sooner than later. Most importantly, don’t fall for enticing offers or unlawful tactics of trucking companies.