If your accident occurred due to the negligence of a truck driver, trucking company or another party in Kansas City, filing a semitruck accident lawsuit may be necessary to recover compensation. You could qualify for economic and noneconomic damages. Economic damages cover accident-related expenses such as medical bills and lost wages, while noneconomic damages include awards for pain and suffering or emotional distress.
Missouri Statute of Limitations for Truck Accident Cases
The statute of limitations is a legal deadline for filing a lawsuit and varies from state to state. Under the Missouri statute of limitations, truck accident victims generally have five years from the accident date to file suit. If you miss this vital filing deadline, the court may simply dismiss your case, leaving you unable to recover compensation.
However, depending on the specifics of your accident case, you may need to act sooner. For example, if you lost a loved one in a truck accident, you have only three years from the date of death to file a wrongful death claim in Missouri. If you have a case against a government entity or employee, deadlines can be prohibitively short, as you typically have only 90 days to file a notice of claim.
Missouri Laws for Truck Drivers
Truck accident statistics show that accidents with big rigs often have devastating consequences for car occupants. When you or a loved one is involved in a crash with a truck in Kansas City, understanding the relevant Missouri state laws is essential. Here are some laws that could impact your claim.
- No damage caps in truck accident claims. Missouri doesn’t impose damage caps in personal injury cases, with some exceptions, such as government claims. Victims of truck accidents in the state can typically seek full compensation for economic and noneconomic damages.
- Punitive damages. While punitive damages are rare, they may be awarded when a defendant’s conduct is particularly egregious, such as reckless or drunk driving. Punitive damages in Missouri are capped at either $500,000 or five times the compensatory damages, whichever is greater.
- Truck driver regulations. Missouri truck drivers must comply with federal and state regulations, such as hours-of-service limits, weight restrictions and hazardous material endorsements. Violations of trucking regulations can provide evidence of negligence in a truck accident case.
Identifying Fault for Truck Accidents in Missouri
Determining fault in a truck accident is essential, as the responsible party or their insurance company is generally liable for victims’ damages. Investigations into the accident involve analyzing the evidence, such as police reports, witness statements and the opinions of technical experts. Fault is established by investigating all potentially liable parties, such as the truck driver, the trucking company, vehicle manufacturers and even third-party repair shops.
Missouri is a pure comparative negligence state, meaning you could still seek damages even if you’re more than 50% at fault for an accident. However, your compensation will be reduced by your degree of fault. For example, if you are 60% responsible for the crash, you can recover only 40% of your damages. Determining fault is critically important, as your compensation award depends on it.
