A collision with a commercial truck can be catastrophic, and it’s rarely a two-party dispute. The truck driver, the trucking company, the company that loaded the cargo, and even a parts manufacturer can all share responsibility, and federal regulations, not just state traffic law, often apply. Beyond the driver, a trucking company can be liable for negligent hiring or pressuring drivers to violate federal hours-of-service rules, and a cargo loading company can be liable if improperly secured freight caused the crash.
The Federal Motor Carrier Safety Administration (FMCSA) sets rules on driver hours of service, vehicle maintenance, and driver qualification, and a violation, a driver who exceeded legal driving hours, for instance, can be strong evidence of negligence. Distracted driving among truck drivers, from cell phone use to fatigue, is another recurring cause we see. Trucking companies are required to preserve certain records, like electronic logging device data, that need to be requested quickly before routine data cycles overwrite them. The sheer size and weight difference between a fully loaded commercial truck and a passenger car is why truck collisions disproportionately produce spinal cord and traumatic brain injuries, and wrongful death.
Get medical care immediately after a trucking accident, and if you’re able, photograph the truck’s markings, DOT number, and license plate before it leaves the scene.
Serious trucking cases call for a firm that knows how to move fast. Peter A. Jouras Jr. has handled these claims throughout Kansas and Missouri for over three decades; call (913) 677-1999 for a free consultation.
Frequently Asked Questions
How long do I have to file a trucking accident claim?
Two years in Kansas (K.S.A. 60-513), five years in Missouri (RSMo § 516.120), though the practical window for preserving trucking-company evidence is often much shorter.
Who can be held liable in a truck crash besides the driver?
The trucking company, a cargo loading company, or a parts manufacturer, depending on what caused the crash.
What federal rules apply to truck accidents that don’t apply to car accidents?
FMCSA regulations on driver hours of service, vehicle maintenance, and driver qualification; violations can serve as strong evidence of negligence.
What is a spoliation letter, and why must it be sent quickly after a truck crash?
A spoliation letter legally demands that the trucking company preserve essential evidence, such as electronic logging device (ELD) data, black box data, and driver logs, before it is routinely overwritten.
Can a trucking company be held liable if the driver was an independent contractor?
Yes, under federal regulations and agency laws, motor carriers can often be held responsible for the driver’s negligence regardless of how the driver is classified.
For your free consultation, call (913) 677-1999
