Ballwin Truck Accident Lawyer

Driving in Ballwin can be a turbulent experience. Hundreds of accidents happen each year, and in recent years, this number has been going up in Missouri. Trucking accidents are part of the issue. Last year, a semi-truck hit a car on Interstate 40, resulting in one death and three injuries. Situations like this are sadly common.

If you get in a truck accident and need legal assistance, you are not alone. TorHoerman Law may be able to help you receive compensation as your Ballwin truck accident lawyer.

If you drive on the interstates or plan on driving a truck, it’s important that you know what to expect when driving.

It’s likely you’ll encounter vehicles of sizes far different than your own, including large vehicles like trucks and trailers as well as small vehicles like Priuses and Smart cars. Large vehicles can pose a special risk on the road for a number of reasons:

• They may block the view of nearby drivers.
• It takes longer for large vehicles to stop. This makes trucks especially prone to causing pileups.
• Trucks often have a more extensive blindspot in their side-view mirror than regular cars.
• Large vehicles may be carrying a load that could detach from the vehicle, such as lumber or livestock. Some loads may be chemically dangerous on their own.
• Exhaust can be thick, distracting, or toxic when inhaled.
• Truck drivers frequently drive for hours at a time which can induce fatigue.

If you’re driving on a road frequented by trucks, here are some tips to keep in mind:

• Keep a safe distance when in front of or behind a truck.
• Don’t drive directly alongside a truck.
• Stay aware of your surroundings to prevent trucks from blocking your view.
• Don’t let the presence of large vehicles make you nervous or make you drive irresponsibly.
• Use your turn signals effectively and pay attention to the turn signals of trucks.
• Drive carefully in wet conditions.
• Be familiar with the turning and braking capabilities of your own vehicle.

Here are some statistics on truck accidents:

• In 2011, there were 96 fatal truck accidents (wrongful death lawsuit) in Missouri. This accounted for 9% of road accident fatalities.
• According to the Occupational Safety and Health Administration, workers in the trucking industry experienced the most fatalities of all occupations, accounting for approximately 12 percent of all worker deaths.
• In 2012, more than 700 truck drivers died from work-related accidents, and more than 65,000 truck drivers suffered lost-time injuries.
• Strains and sprains make up 50% of trucker injuries. The other major types of injuries include bruises, fractures, cuts, and lacerations.
• Around 80% of truck accidents are the car drivers’ fault rather than the truck driver.
• One study on truck crashes found that 0.7% of truck drivers were under the influence of alcohol or an illegal substance while driving.
• Last year, annual trucking fatalities reached their highest number in 29 years.
• With increasing rates of truck accidents, be prepared to contact a Ballwin truck accident lawyer in the event of a crash.

Below are the necessary qualifications for being employed as a truck driver:

• Be at least 18 years of age if operating in Missouri intrastate commerce – unless transporting any quantity of hazardous materials.
• Be at least 21 years of age if transporting any amount of hazardous materials or while operating in interstate commerce.
• Speak and read English well enough to converse with the public, understand highway traffic signs and signals, respond to official questions, and able to make legible entries on reports and records.
• Be able to drive the vehicle safely.
• Know how to safely load and properly block, brace, and secure the cargo (mitigation).
• Have only one valid driver’s license.

Due to the risk of a driver being intoxicated on the job, the following regulations are in place in Missouri:

• Pre-employment: Driver must pass a controlled substance test.
• Post-accident: As soon as possible following a crash, each employer must test each surviving driver who was involved in a crash for alcohol and controlled substances. Multidistrict litigation or a bellwether trial may apply to some cases.
• Random: Companies must scientifically and randomly test drivers at a minimum annual percentage rate of 10 percent of the number of drivers for alcohol testing, and 25 percent for controlled substances testing.
• Reasonable suspicion: An employer shall require a driver to submit to an alcohol and/or controlled substance test when the employer has reasonable suspicion.
• Return-to-duty: Each employer shall ensure that before a driver returns to duty after testing positive shall undergo a return-to-duty controlled substances test with a negative result prior to performing a safety-sensitive function.
• Follow-up: If a substance abuse professional determines that a driver needs assistance for the misuse of alcohol, or for use of a controlled substance, an employer must ensure that the driver is subject to follow-up testing.
• Accidents in St. Louis resulting from failure to follow regulations may warrant a Ballwin truck accident lawyer. Accidents on someone else’s property may fall under premises liability.

Truck drivers should also study the permits associated with their job. Certain transportable loads require special permits. Possessing these permits allows a driver to transport materials they wouldn’t otherwise be able to legally transport. Permits can grant access to transporting hazardous waste, waste tires, or “oversize overweight” loads, for example. Many permits have requirements such as completion of a training course, paying a fee, or annually renewing the permit. It’s a good idea to talk to your employer about what types of permits you need and how to obtain them.

If you get in an accident involving a truck, you should first follow the normal protocol for getting in car accidents (move the vehicle to a safe area, turn the vehicle off and exit it, make sure everyone is okay, call 911 if necessary, gather information from the scene, photograph the scene, and contact your insurer). The truck driver in the accident should follow the same steps. After everyone is safe and recomposed, you may want to start thinking about who was at fault in the accident.

Depending on the circumstances, a personal injury lawyer could be of significant use to you and recovering any damages you might have suffered from the accident. You must do this before the statute of limitations expires. A Ballwin truck accident lawyer can assess your situation, communicate with insurers, organize evidence, and make a case for a settlement. Don’t be afraid to reach out—you may be entitled to money after suffering a truck accident in the St. Louis area based on compensatory or punitive damages.

To learn how your legal payment may work, see our guide to contingency fees.

It isn’t easy to recover emotionally and financially from a truck accident, but you can do it with the right attorney. TorHoerman Law is prepared to help. With a team of experienced lawyers and highly rated service, we may be able to assist you in the legal process following a truck accident.

Call us at 314-325-1369 for a free consultation.