What is the Limit of Liability for Truck Accident Bodily Injury in Missouri?

As a driver in Missouri, you’ve probably shared the road with massive semi-trucks and wondered what would happen if one of those behemoths crashed into you. It’s a scary thought, but understanding the legal protections in place can help ease your mind. In this guide, we explain trucking insurance policies that may pay for your injuries, and look at the limits of liability that apply to truck accident bodily injury in Missouri.

The Basics of Truck Accident Liability

Missouri is an “at-fault” state when it comes to vehicle accidents. This means that the party who is at fault in a crash is liable to pay for resulting injuries and losses. Because of this, state and federal laws require trucking companies to carry liability insurance, which should compensate victims in case a truck or truck driver causes a crash.

With truck accidents, however, it can be complex to determine who is – or are – responsible. Unlike passenger car accidents, truck collisions often involve multiple potentially liable parties including:

• The truck driver
• The trucking company
• The owner of the truck or trailer
• Cargo loading companies
• Truck manufacturers or parts makers
• Government entities responsible for road maintenance.

Determining fault in these cases requires a thorough investigation and expert analysis. That’s why it’s crucial to work with an experienced truck accident attorney who can identify all responsible parties and pursue maximum compensation on your behalf.

Federal Liability Requirements for Commercial Trucks

The Federal Motor Carrier Safety Administration (FMCSA) sets minimum insurance requirements for commercial trucks operating across state lines. These requirements vary based on the type of cargo being transported:

• Non-hazardous freight in vehicles under 10,001 pounds: $300,000 minimum
• Non-hazardous freight in vehicles over 10,001 pounds: $750,000 minimum
• Oil transported by for-hire and private carriers: $1,000,000 minimum
• Other hazardous materials: $5,000,000 minimum.

These are just the minimum requirements. Many trucking companies carry policies with much higher limits, often $1 million or more, to protect themselves from potentially catastrophic claims.

Missouri State Liability Requirements for Commercial Trucks

Missouri, like all states, has specific laws governing commercial trucking. These laws are designed to protect both truck drivers and other motorists on the road. The Show-Me State follows the federal minimums for interstate trucking, but it also has its own requirements for intrastate trucking (trucks that only operate within Missouri’s borders). These are Missouri’s minimum insurance requirements for intrastate commercial vehicles:

Truck Transporting Household Goods (No Hazardous Materials)

• $100,000 per person for bodily injury
• $300,000 per accident for bodily injury, AND
• $50,000 for property damage.

Truck Transporting Oil

• $1 million.

Truck Transporting Hazardous Materials

• $5 million.

Though trucking insurance minimums in Missouri seem ample, many truck accidents result in losses that exceed these minimum coverages. In addition, insurance companies often dispute the amount they are liable for, aiming to minimize payouts. It’s crucial for a Missouri truck accident victim to have the guidance and representation of a competent attorney so they can pursue the full compensation they deserve.

Why Liability Limits Matter in Your Case

Understanding liability limits is vital for several reasons:

• Ensuring adequate coverage: Higher limits mean more potential compensation available for your injuries and losses.
• Multiple claimants: In accidents involving multiple injured parties, higher limits provide a better chance of fair compensation for everyone involved.
• Catastrophic injuries: Severe injuries like traumatic brain injuries or spinal cord damage can easily exceed minimum policy limits.
• Long-term care needs: Some injuries require lifelong medical treatment and assistance, needing substantial compensation.
• Lost wages and earning potential: Serious injuries can impact your ability to work, potentially for years to come. This is a form of loss for which you should be compensated.

Beyond Insurance: Pursuing Additional Compensation

While insurance policy limits are important, they’re not always the end of the story. In cases of extreme negligence or when dealing with large trucking companies, there may be opportunities to pursue compensation beyond policy limits. This could involve:

• Pursuing the trucking company’s assets
• Identifying additional liable parties
• Exploring potential punitive damages in cases of egregious misconduct.

An experienced truck accident attorney can help you explore all available avenues for compensation, ensuring you receive the full amount you deserve for your injuries and losses.

The Importance of Timely Action

All states, including Missouri, have a statute of limitations for personal injury claims. This law sets a time limit for filing a lawsuit. In Missouri, you generally have five years from the date of the accident to file a lawsuit.

However, don’t delay taking action. Waiting can make it harder to gather evidence and build a strong case. To get started on your legal options, get a free consultation with our attorneys at Shea Kohl Law.

How Comparative Fault Affects Your Claim

Missouri follows a “pure comparative fault” rule. This means that even if you were partly at fault for the crash, you may still pursue compensation. However, the compensation you receive will be reduced according to your percentage of fault. For example, if you’re found to be 20% at fault for the accident, and your total damages are $1 million, you would only be able to recover $800,000.

How Shea Kohl Law Can Help

The law may have insurance mandates for trucking companies, but what many truck accident victims don’t expect is just how difficult it is to claim their rightful compensation. Trucking companies and their insurers will have teams of lawyers working to minimize their liability. Injured claimants often encounter insurer tactics that push them to accept settlements much lower than they need and deserve.

Level the playing field by partnering with Shea Kohl Law, LC. Since 1984, our law firm has been helping Missourians receive the compensation they are entitled to after their accidents. We have the experience, resources, and dedication to fight for the full and fair compensation you deserve.

When you choose Shea Kohl Law, we’ll work tirelessly to:

• Conduct a thorough investigation of your accident
• Identify all liable parties
• Calculate the full extent of your damages, including future medical needs and lost earnings
• Negotiate aggressively with insurance companies
• Take your case to trial if necessary to secure fair compensation.

Contact Shea Kohl Law, LC today at (636) 946-9999 for a free consultation. We’ll review your case, explain your rights, and help you understand the potential value of your claim.

FAQ: Limit of Liability for Truck Accident Bodily Injury in Missouri

What is the minimum liability insurance required for trucks in Missouri?

The minimum liability insurance required for trucks in Missouri depends on whether the truck is engaged in interstate or intrastate commerce. For interstate trucking, which is regulated by federal law, the minimum requirements are:

• $300,000 for vehicles under 10,001 pounds with non-hazardous freight
• $750,000 for vehicles over 10,001 pounds with non-hazardous freight
• $1,000,000 for vehicles transporting oil
• $5,000,000 for vehicles transporting hazardous materials.

For intrastate trucking (trucks that only operate within Missouri’s borders), these are the minimum requirements for a truck transporting household goods:

• $100,000 per person for bodily injury
• $300,000 per accident for bodily injury
• $50,000 for property damage.

The state’s minimum liability limits increase for trucks carrying oil ($1 million) and those transporting hazardous materials ($5 million).

What happens if my damages exceed the truck’s insurance policy limits?

If your damages exceed the truck’s insurance policy limits, you have several options:

• Pursue the trucking company’s assets: If the company has substantial assets, you may be able to recover compensation beyond the insurance limits by suing the company directly.
• Identify other liable parties: In many truck accident cases, multiple parties may share liability. For example, the truck manufacturer could be liable if a defective part contributed to the accident. By identifying all potentially liable parties, you may be able to access additional insurance policies.
• Look for umbrella policies: Many trucking companies carry umbrella policies that provide coverage beyond their primary liability policy. These can often provide millions in additional coverage.
• Negotiate with lien holders: If you have substantial medical bills, an experienced attorney may be able to negotiate with hospitals or other lien holders to reduce what you owe, allowing you to keep more of your settlement.
• Explore uninsured/underinsured motorist coverage: If you have this coverage on your own auto policy, it may provide additional compensation if the at-fault party’s insurance is insufficient.

Discuss your options with an attorney who has experience in truck accident cases. These cases can be more complex than ‘regular’ car accidents, but an experienced lawyer will know strategies to maximize your compensation.

How does Missouri’s comparative fault law affect truck accident claims?

Missouri follows a “pure comparative fault” rule, which can significantly impact truck accident claims. Under this system, you can recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.

For example, let’s say you’re involved in a truck accident and your total damages are $1,000,000. After investigating the case, it’s determined that you were 20% at fault for the accident (perhaps you were speeding slightly at the time of the crash).

Under Missouri’s pure comparative fault rule, you would still be able to recover damages, but your compensation would be reduced by 20%. In this case, you would receive $800,000 instead of the full $1,000,000.

The “pure” version of comparative negligence means you may still receive compensation even if you were 99 percent at fault. In other states that have a “modified” comparative negligence rule, victims may no longer recover damages if their share of fault was 50 or 51 percent.

Missouri’s pure comparative negligence system allows for more nuanced determinations of fault and ensures that victims can still receive compensation even if they partly caused the accident. However, it also means that trucking companies and their insurers will often try to shift as much blame as possible onto the victim.

This is why having strong legal representation is crucial. An experienced truck accident attorney can gather evidence to minimize your perceived fault and maximize your potential compensation. They can also effectively counter any attempts by the trucking company to unfairly shift blame onto you.

How long do I have to file a truck accident claim in Missouri?

In Missouri, the statute of limitations for personal injury cases, including truck accidents, is generally five years from the date of the accident. This means you have five years from the date of the crash to file a lawsuit. However, remember these important points:

• While five years may seem like a long time, it’s crucial to start the legal process as soon as possible. Evidence can disappear, witnesses’ memories can fade, and crucial documents may be lost or destroyed over time.
• Trucking companies are only required to keep certain records for a limited time. For example, driver logs might only be retained for six months. Acting quickly ensures that your attorney can access all relevant evidence before it’s destroyed or lost.
• If your claim is against a government entity (for example, if the truck was owned by a city or state agency), you may have a much shorter time frame to file a notice of claim, often as little as 90 days.
• In cases of wrongful death that results from a truck accident, the statute of limitations is three years from the date of death.
• If the injured person is a minor or is mentally incapacitated, the statute of limitations may be paused (“tolled” in legal terms) until they reach the age of majority or regain mental competency.

The statute of limitations is a strict deadline. If you fail to file your lawsuit within this time frame, you will likely lose your right to seek compensation through the court system, regardless of the strength of your case.

Building a strong truck accident case takes time. Your attorney will need to investigate the accident, gather evidence, consult with experts, and negotiate with insurance companies. Starting this process early gives you the best chance at a favorable outcome. Therefore, while you technically have five years to file, it’s in your best interest to consult with an attorney as soon as possible after a truck accident.

At Shea Kohl Law, LC, your consultation is free, so you lose nothing by approaching us. We’re always ready to start working on your case immediately to ensure no crucial evidence or opportunities are lost.

What types of compensation can I recover in a Missouri truck accident case?

In a Missouri truck accident case, you may be eligible to recover several types of compensation, also known as damages. These generally fall into two main categories: economic damages and non-economic damages.

Economic Damages:

• Medical expenses: This includes all costs related to your medical treatment, including emergency room visits, hospital stays, surgeries, medications, physical therapy, and any future medical care you may need.
• Lost wages: If your injuries caused you to miss work, you can claim compensation for lost income. This also includes loss of future earning capacity if your injuries prevent you from returning to your previous job or working at all.
• Property damage: This covers the cost of repairing or replacing your vehicle and any other personal property damaged in the accident.
• Out-of-pocket expenses: Any other costs directly related to your accident and injuries, such as transportation to medical appointments or home modifications to accommodate a disability.

Non-Economic Damages:

• Pain and suffering: This compensates you for the physical pain and discomfort you’ve experienced due to your injuries.
• Emotional distress: Accidents can cause significant psychological trauma. You may be able to recover damages for anxiety, depression, PTSD, or other emotional impacts of the accident.
• Loss of enjoyment of life: If your injuries prevent you from engaging in hobbies or activities you previously enjoyed, you may be compensated for this loss.
• Loss of consortium: This refers to damages awarded to your spouse for the loss of companionship and support due to your injuries.

In cases of intentional misconduct or extreme negligence, punitive damages may also be available. These are designed to punish the wrongdoer and deter similar behavior in the future. 

There is no cap on economic and non-economic damages in personal injury cases in Missouri. However, calculating the full extent of your damages, especially non-economic damages and future costs, can be complex. In addition, you may be facing trucking companies and insurers who are proficient in minimizing liability.

To assert your rights, get the help of an experienced truck accident attorney. At Shea Kohl Law, we work with medical experts, economists, and life care planners to ensure we account for all your current and future losses when seeking compensation. Remember, the goal is to make you “whole” again, as much as possible from a financial standpoint. While money can’t undo the trauma of a serious accident, fair compensation can provide financial security and access to the best possible care as you recover.

Work With the Experienced Truck Accident Attorneys At  Shea Kohl Law

Understanding the limits of liability in truck accident cases is crucial for protecting your rights and ensuring fair compensation. While Missouri and federal law set minimum insurance requirements, these are often insufficient in cases of severe injury. By working with an experienced truck accident attorney, you can explore all avenues for compensation and hold all responsible parties accountable.

If you or a loved one has been injured in a truck accident, don’t face this challenge alone. Contact Shea Kohl Law today at (636) 946-9999. We’re here to guide you through this difficult time and fight for the compensation you deserve.