When two cars get into an accident, the injured driver can make a claim for the at-fault driver’s insurance company to cover the losses associated with a crash. Assuming liability is clear, and that the at-fault driver has enough insurance, these types of cases can be resolved with little elbow grease during settlement negotiations (or in front of a jury, if negotiations fail). Truck accidents, however, are more complicated. There are multiple insurance companies to deal with because there are often multiple parties at fault, from the driver to the trucking company itself, to the shippers/brokers and even manufacturers of the truck parts (when applicable).
That is why if you are ever involved in an accident with a 18-wheeler, you should seek out advice and help from a knowledgeable Kansas City truck accident lawyer. Our team is equipped to untangle issues of liability, and to hold all the negligent parties accountable for your injuries and losses. When multiple insurance companies are all pointing fingers, we are here to help uncover the truth.
Whose insurance pays for a truck accident?
In Missouri, all drivers are required to have liability insurance. Truck drivers should have their own liability insurance policy too, for times when they are in their truck but not on the clock, but they are covered by trucking company’s insurance. On top of that, shippers and brokers may have their own insurance to cover products they’re shipping.
So, in the event of a big-rig crash, there are multiple parties whose insurance may have to pay for losses. Those parties may include:
- Other drivers. Sometimes, it’s not just you and the truck driver in the accident. If other drivers were involved in causing the accident, their liability coverage may cover the cost of your damages along with the insurance of the truck driver.
- Trucking carriers. Trucker drivers in accidents will be covered by the insurance provided by the trucking company. This insurance covers the truck drivers that work for them, insuring them in cases of negligence such as ignoring maintenance and negligent hiring.
- Cargo owners. As trucking companies are often hired by those who need their cargo delivered, the cargo owner themselves may have liability insurance as well. If the cargo was a factor in the accident, then the cargo owner may be held liable for any injuries you may sustain. Some examples of how the cargo may contribute to an accident is when the material being transported is hazardous or unstable.
- Cargo shipper/loader. The party responsible for loading or shipping the cargo may also hold some responsibility for the accident if the way in which the cargo was loaded or shipped played a role in the accident. While there are strict regulations concerning loading and shipping, when it is done incorrectly, it can cause the truck to lose balance or careen off the road due to the cargo throwing off the truck’s center of gravity.
- Maintenance or repair company. Trucks need regular maintenance to make sure the vehicle is safe for traveling on the road. The party in charge of maintaining the truck is meant to prevent vehicle malfunction, which can play into a truck accident. If that is the case, the people in charge of maintenance may be held liable.
- Truck or parts manufacturer. Even the company who produced the parts for the truck, or the truck itself can be held responsible if a defective part contributed to or caused the crash. For instance, if a truck’s hitch malfunctions or its brakes fail, then the parts manufacturer could be held responsible for your injuries and property damage.
As you can see, getting into an accident with an 18-wheeler can prove to be a complicated process afterward if you want to seek financial compensation.
Who should I sue after a truck accident in Kansas City?
It’s important to know which parties are responsible so that you can file a lawsuit based to recover the full extent of your damages. Filing lawsuits against all parties responsible is the best way to ensure the highest probability that all of your financial needs for medical treatments and property damage are met.
Insurance adjusters will likely attempt to deny liability or blame another party; and if they fail at that, they may try delaying tactics, negotiating in bad faith, or fighting over what exactly they will compensate you for; for example, refusing to cover any long-term expenses. In many cases, accidents leave the victim with injuries that may need long-term treatment and expenses. It is important to have all of your costs covered if possible.
This is why it is so important to find a truck injury attorney that can help determine who should be held liable for your pain and suffering. Kansas City Accident Injury Attorneys can build an evidence-based case to show the failures and wrongdoings of the parties, and in so, increasing the likelihood of a winning settlement.
If you have been involved in a truck accident in Missouri or Kansas, it is important that you get in touch with an experienced attorney. You do not want to lose out on securing a settlement that pays for all the costs related to your injuries and property damage. If this applies to you, contact Kansas City Accident Injury Attorneys. Our experienced truck accident lawyers can help file a lawsuit against the driver, cargo company, or manufacturer whose negligence played a part in causing your accident. To schedule an appointment, call 816-471-5111 or fill out our contact form. We offer free consultations at our office in Kansas City, MO. We also maintain offices in Lee’s Summit, Parkville, and St. Joseph, MO and in Olathe and Overland Park, KS.
We know that it can feel as if there’s no end in sight when you’re living with a serious injury. At Kansas City Accident Injury Attorneys, we’re on your side from day one. We’ll not only fight for your best interests, but we’ll help you process and deal with your injury along the way. Our personal injury lawyers handle the insurance company for you, and make sure that you find the tools and resources you need to move forward. When you need an experienced, compassionate Kansas City personal injury lawyer, we answer the call.