• Missouri: Personal injury claims must be filed within five years of the incident.
• Kansas: A shorter window of two years applies, necessitating prompt legal action.

• Missouri follows a pure comparative fault system, meaning that an injured party’s compensation will be reduced by their percentage of fault. For example, even if a victim is found to be 99% responsible for their injury, they can still recover 1% of the amount awarded.
• Kansas follows a modified comparative fault rule, where victims can only recover damages if they are found to be less than 50% at fault for their injury.

Economic Damages – financial losses that can be objectively verified, such as:

• Medical bills: The total cost of hospital stays, doctor visits, physical therapy, medications, medical devices, etc.
• Lost wages: Income lost due to inability to work during recovery and treatment. Calculate based on your salary and the time missed.
• Future lost earning capacity: If injuries will impact your ability to work in the future, the lost value of your diminished earning potential. An economic expert can help calculate this.

Non-Economic Damages – more subjective losses, including:

• Pain and suffering: The physical discomfort and emotional distress resulting from injuries. Difficult to put an exact price on but can be a significant portion of a settlement.
• Loss of enjoyment of life: Inability to participate in hobbies, social activities and daily tasks that previously brought you joy and fulfillment.
• Permanent disability or disfigurement: Any lifelong impacts to physical functions, mobility, senses or appearance. Even with treatment, these effects remain.

Both Missouri and Kansas do not have a cap on economic or non-economic damages in most personal injury cases. However, Missouri imposes a cap on non-economic damages in medical malpractice cases, and there are arguments in Kansas for potential application of caps in wrongful death cases, which can limit compensation for pain and suffering.

To build a strong case, you’ll need to determine which parties are at fault for the accident. Truck accidents often involve multiple vehicles and complex circumstances, so identifying all responsible parties is critical.

As the plaintiff, you’ll need to prove that the truck driver, trucking company, manufacturer, or other parties acted negligently. Some key factors to consider include:

1. Driver negligence. Was the truck driver speeding, distracted, fatigued or under the influence of drugs/alcohol? Did the driver fail to follow safety procedures or properly secure the load? If so, the driver and trucking company may be liable.
2. Company negligence. Did the trucking company fail to properly maintain the vehicle or adequately train the driver? Did they pressure the driver to violate safety laws to meet delivery deadlines? The company may share fault.
3. Equipment failures or defects. If faulty brakes, tires, or other critical parts caused or contributed to the accident, the manufacturer or mechanic could be at fault. Your lawyer can conduct an investigation to determine if any equipment was defective or improperly serviced.
4. Road conditions. Were there dangerous road conditions like potholes, debris in the road, or poor visibility that contributed to the accident? If so, local government entities responsible for road maintenance and safety may share liability.

By conducting a thorough investigation, interviewing witnesses, and consulting with experts, a trucking accident attorney can determine all parties at fault in the accident and build a solid case to recover full compensation for your injuries, vehicle damage, lost wages, and pain and suffering. Proving fault and liability is key to prevailing in a truck accident claim.

• Aggressive Driving
  Drivers may speed, change lanes without signaling, or follow too closely behind other vehicles in an effort to meet a deadline.
• Lack of Training
  Drivers may take a load for which they are not properly trained for (i.e., hauling more than one trailer). Trucks can be overweight, which can affect loads and stability.
• Distracted Driving
  Texting or talking on the phone while driving are big culprits in truck driving accidents, just like any other type of motor vehicle accident.
• Driving Under the Influence
  Driving under the influence of alcohol or drugs is an obvious cause of accidents.
• Driver Fatigue
  Drivers sometimes skip their federally-required sleep breaks or falsify driver logs to exceed permitted driving hours in order to meet a deadline.

When a truck accident is caused by a negligent driver, both the individual behind the wheel and the trucking company that employs them may be held legally responsible. In many cases, driver negligence stems not just from individual error but from broader systemic issues—such as unrealistic delivery expectations or inadequate training imposed by the trucking company itself. This is where experienced legal representation becomes essential in securing the truck accident compensation victims deserve.

• Improper vehicle maintenance and repair
  • It is the job of not only the driver, but the trucking company, to make sure the commercial truck is kept in good operating condition.
• Inadequate record keeping regarding the safety of a vehicle
• Scheduling drivers on trips that exceed federal sleep regulations or allowing drivers to continue driving while fatigued
• Failure to load trucks properly, to balance and secure cargo
• Violation of trucking regulations and failure to discipline drivers for safety violations
• The hiring or continued employment of dangerous or unqualified drivers
• Failure to provide safety devices, such as rear underside protection that could prevent serious injuries
• Holding negligent drivers and trucking companies accountable