Full of tight-knit communities and bustling neighborhoods, the metropolitan of St. Louis has a population of over 2.2 million residents. Being a logistics hub, this city is no stranger to vast warehouses and towering commercial trucks.
Tragically, St. Louis made it to the list of the most dangerous US cities (one of the major reasons being road accidents). Among its deadly roads include Interstate 70, Lindell Boulevard, I-44’s Jefferson Avenue, and Natural Bridge Avenue.
Commercial trucks transporting cargo between states often end up in gruesome accidents (especially if the driver is overworked or intoxicated). What follows is the aftermath of fatalities, disabling injuries, and a complicated legal battle.
In this article, we will exclusively discuss a St. Louis truck accident lawsuit’s different complications.
Multiple At-Fault Parties
One major complication of 18-wheeler truck accidents in St. Louis is the possibility of multiple liable parties. While an average-sized vehicle only weighs around 3,500 pounds, a truck-trailer unit easily exceeds it by 30,000 pounds (even when empty).
As per Missouri state laws, trucks are allowed to operate at a maximum weight limit of 120,000 pounds. Injuries associated with trucking accidents are often fatal or debilitating, including multiple bone fractures, spinal cord damage, whiplash, traumatic brain injuries, etc.
TorHoerman Law states that this complicates the claim process. The trucking industry is tightly regulated by the Federal Motor Carrier Safety Administration (FMCSA). The rules govern the tiniest of details, even the number of hours truck drivers must stay behind the wheels and cargo weight.
While a reliable truck accident attorney in St. Louis will do most of the leg work, victims can help simplify the process if possible. This includes seeking immediate medical attention, documenting how and when the accident occured, taking pictures of the scene, and recording names and licenses of everyone involved.
This helps in establishing the at-fault parties and the degree to which they are liable for the accident.
For instance – it may be found that the truck’s cargo weight exceeded the prescribed limit leading to jackknifing. Furthermore, the driver was also violating their hours-of-service (HOS) rule. In this case, both the cargo-loading company and the trucking company will be held responsible.
If the accident was caused due to an intoxicated driver, the individual also becomes one of the liable parties. As such, a truck-trailer accident in St. Louis may involve the following at-fault parties –
- Trucking company
- Truck driver
- Other drivers
- The company owning the freight
- Cargo inspector
- The company providing truck maintenance services
- Truck manufacturer
A Complex Investigation and Discovery Process
Traditionally, a St. Louis truck accident would involve just the police officers and the insurance company handling the investigation. Today, attorneys have to look at a case from multiple angles. An example in point would be the requirement for an Electronic Logging Device (ELD).
As per the Department of Transportation (DOT), all commercial trucks operating across Missouri or otherwise must record the number of hours a driver has spent behind the wheel. Driver fatigue and inattention are among the leading causes of commercial truck accidents.
This digital log lets the investigators know if the driver was kept on duty beyond their prescribed working hours. Moreover, modern trucks are equipped with an Event Data Recorder (EDR) or the equivalent of an aircraft’s black box.
The system is also checked to ascertain the vehicle’s speed at the time of the accident, any sudden braking, etc. This information is usually kept confidential between attorneys and law enforcement officials only to be revealed during legal proceedings.
The entire process is so long-drawn and complex that it may take months before a final settlement is reached.
Extensive Insurance Policies
In general, commercial truck accidents involve large companies as their liable parties (partial or complete). This also means that these companies have cunning insurers backing them up (with extensive policies).
In many cases, one must deal with multiple insurance companies located across different states (as trucks operate all over the country). For example – the truck driver may be separately insured in St. Louis.
Then comes the truck leasing and contracting companies with their separate insurers (same or different states). Even the cargo loaded onto the truck may have a different insurer.
Getting a fair settlement soon seems like a bleak possibility given the overwhelming number of insurance companies. This headache is only made worse by each insurer striving to shift the blame in attempts to lose as little money as possible.
It has been observed that trucking company insurers often try to accelerate the settlement process to avoid paying a fair sum. They may even pressure the victim to settle for less than they deserve (especially if the latter is sinking into debt).
Victims are so pressed on all sides that they tend to avoid tedious insurance battles. It is best to hire a reliable attorney who can help navigate the complexities of the insurance claims process. This might be the victim’s only chance at securing fair payouts.
Final Thoughts
Being involved in a commercial truck accident is bad enough. Not to mention intersections like St. Louis’ Grand Boulevard are of no help. Drivers across this road easily exceed 40 mph and there are no street lights or signage.
Large vehicles like trucks are usually lost in the flow, too late to reverse an inevitable accident. Road safety is not merely the government’s responsibility. Motorists must follow simple rules like driving within speed limits, wearing seatbelts, avoiding distractions or alcohol, and more.
Trucking companies should not overwork their employees, and cargo weight must be under check. The bottom line is – nobody wins when profits are placed over people.