Construction trucks are considered dangerous heavy equipment and machinery. Due to their sheer size and heavy loads, it’s no surprise that these commercial trucks can do a lot of damage. Regardless of what a large construction vehicle is hauling, a collision with one often results in severe injuries and extensive property damage.
Our construction truck accident lawyers in St. Charles can recover the money you need after a traumatic, life-altering accident with a construction vehicle. Since insurance companies are limited as to what they can offer, it is highly beneficial to team up with the Morelli Law Firm. We have the tools to achieve a sizeable settlement or court award.
What Kind of Compensation Is Available Following a Construction Truck Accident?
Getting hit by a construction truck is a horrific ordeal. Not only is it physically painful, but it can be emotionally distressing as well. Because of this, we can attempt to build a case that includes compensation for both physical and psychological suffering.
The damages you are entitled to will depend on the seriousness of your injuries, as well as the events and circumstances surrounding the accident. Since every truck accident is unique, it’s best to consult with a lawyer to explore your options for recovering various kinds of damages.
If you win your case, you will likely be reimbursed for those medical expenses already incurred as well as any future medical expenses. Your St. Charles construction truck accident attorney can determine your future medical expenses by consulting with your physician about your prognosis and future treatments.
Medical expenses can include:
- Ambulance transport
- Physician expenses hospital expenses
- Surgical costs
- Prescription drugs
- Rehabilitative therapy costs
In addition to reimbursement for medical bills, you may also be entitled to pain and suffering damages, known as “general damages.” These damages can be challenging to quantify because pain is considered subjective.
To help estimate your pain and suffering, your doctor can testify as to how the pain affects your ability to perform day-to-day tasks and work to earn a living.
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Who Is Responsible for Your Construction Truck Accident?
There are numerous potential parties that can be held liable for your construction truck accident. Once your lawyer investigates the circumstances of your case, they may find one or more parties to be at fault. These parties can include:
The Construction Truck Operator
Driver error is the leading cause of truck collisions, meaning the truck driver is usually to blame. Perhaps they were driving recklessly or violating the speed limit. Truck drivers sometimes cut corners to meet deadlines, and speeding causes trucking accidents.
Distracted driving is another possible cause. The driver could have been talking to a passenger, chatting on the phone, or setting the GPS. They also might have been impaired by alcohol or drugs or overly tired. In fact, the National Library of Medicine cites fatigue from driving more than 10 hours a day as a causal factor in truck accidents.
The Construction Company
The trucking company could be responsible for the crash if they failed to perform a complete background check, or they might not have ensured that the driver was trained and qualified to drive a commercial truck.
The company could have known that the driver exceeded their allowed hours and was likely to be fatigued. If faulty brakes or worn tires caused the accident, the maintenance company might have failed to do its job.
The Loading Company
If the truck tilted to one side as a result of cargo that shifted, or if something fell from the truck, a third-party loading company may have caused the accident.
The Manufacturer or Another Third Party
If a defective truck part caused the accident, the truck manufacturer or even a parts manufacturer could be to blame. Often, more than one party contributes to an accident, in which case there are multiple defendants.
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Proving Negligence in a Missouri Construction Truck Accident
Large construction trucks that carry cement and other materials have a responsibility to drive safely with their cargo properly secured for transport. There are precautions they should take to decrease the risk of tipping over or rear-ending another vehicle.
Commercial trucks are regulated by state and federal laws. The Federal Motor Carrier Safety Administration (FMCSA) governs trucking regulations on the national level. Some of the FMCSA standards for commercial truck drivers include:
- Mandatory testing and licensing for commercial drivers
- Low blood alcohol threshold for impaired driving (commercial drivers can be charged with a DUI at a BAC of only .04%)
- Size and weight limits for cargo
- Total truck weight
- Regular inspection and maintenance requirements
Your construction truck accident lawyer in St. Charles can establish negligence by showing that the at-fault party or parties had a duty of care to uphold, breached that duty, caused the accident, and that the accident led to your damages and injuries.
What if I Need to File a Lawsuit?
The initial step of claiming compensation after a construction truck accident involves communicating with the construction company and its insurer. During this important stage and throughout the case, you should allow your attorney to do the talking. If a favorable settlement cannot be reached, you and your attorney can proceed with the lawsuit.
When filing a lawsuit following a truck accident, you will likely be dealing with two different entities in a lawsuit: the truck driver and the company that employs them. You have a right to sue both. However, suing someone personally after a truck accident is more complicated than suing a non-commercial driver.
To file a lawsuit against a construction truck driver, you need the assistance of a reputable Missouri truck accident attorney who will work hard to hold the liable parties accountable.
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Contact Our Experienced Construction Truck Accident Lawyers
If you or someone close to you has been injured in a construction truck accident, you don’t have to face the recovery process alone. With the Morelli Law Firm on your side, an experienced lawyer will investigate the accident and negotiate with the insurance company on your behalf. Then, if the insurer fails to offer an acceptable settlement, we can take your case to court.
Our St. Charles construction truck accident attorneys specialize in all types of personal injuries associated with commercial trucking accidents. We handle injury accident cases on contingency, meaning we don’t get paid unless you do. Contact our firm today for a free case evaluation!