After a serious truck crash, the trucking company’s insurer may quickly claim that you were partly responsible. They may say you were speeding, following too closely, driving in the truck’s blind spot, or could have avoided the collision.
That does not mean their version of events is correct.
When fault is disputed in a Missouri truck accident claim, the percentage of responsibility assigned to each party can have a significant effect on compensation. Understanding Missouri comparative fault laws and challenging unsupported allegations can become an important part of pursuing a serious injury claim.
How Comparative Fault Works in Missouri Truck Accident Claims
Missouri follows a pure comparative fault system. This means an injured person can generally recover compensation even when they share some responsibility for a crash. However, their compensation may be reduced according to their percentage of fault.
For example, suppose a jury determines that your total damages are $500,000 but finds you 20% responsible for the collision. Your recovery could be reduced by 20%, leaving $400,000.
This gives trucking companies and their insurers a financial incentive to shift as much blame as possible onto the injured person.
An insurance adjuster assigning you a percentage of fault is not the same as a judge or jury making that determination. The insurer’s position is part of the claims process and can be challenged with evidence.
Why Trucking Companies May Try to Shift Blame
Commercial truck accident claims can involve significant injuries and substantial financial exposure. Reducing the trucking company’s percentage of responsibility can potentially reduce what its insurer must pay.
Common allegations may include claims that another driver was speeding, distracted, following too closely, improperly changing lanes, or driving in a position where the truck driver could not see them.
Those allegations should not simply be accepted as fact.
Truck crashes often require a deeper investigation than ordinary vehicle collisions. Physical evidence, witness statements, electronic records, vehicle data, and trucking company documents may reveal a much different picture of how the collision occurred.
What Evidence Can Challenge a Comparative Fault Claim?
Commercial trucks can generate valuable electronic information. Electronic logging devices may help establish how long a driver has been working. Engine control modules may contain information about speed, braking, and vehicle performance before a crash.
Other evidence may include dashcam footage, traffic camera recordings, maintenance records, driver qualification files, inspection records, cellphone information, and witness testimony.
Federal trucking regulations can also matter. Commercial carriers and drivers are subject to rules concerning hours of service, vehicle inspections, maintenance, and other safety requirements. Evidence that a driver or trucking company violated applicable safety rules may help establish how negligence contributed to the crash.
The challenge is that some evidence may not remain available indefinitely. Electronic information can be overwritten, surveillance footage may be deleted, and physical evidence can disappear. Preserving evidence early can therefore become especially important when liability is disputed.
Comparative Fault Can Become More Complicated in Multi-Vehicle Truck Crashes
Some truck collisions involve more than the truck driver and one passenger vehicle. A chain-reaction crash on I-70, I-44, I-55, or another Missouri highway could involve several drivers, a trucking company, and potentially other responsible parties.
Determining fault in these cases may require reconstructing the sequence of events and evaluating each party’s actions.
The trucking company may argue that another motorist caused the initial collision. Another insurer may blame the truck driver. Multiple parties may attempt to place some responsibility on the injured person.
This is one reason serious truck accident cases cannot always be evaluated based solely on the police report or an insurer’s initial determination.
When a Trucking Company Blames You, the Investigation Matters
Being accused of contributing to a Missouri truck accident does not necessarily prevent you from pursuing compensation. It does mean that evidence concerning how the crash happened can become central to your case.
At Meyerkord Law Group, we investigate serious truck accident claims with the understanding that disputed liability can have a major effect on an injured person’s recovery. When trucking companies and insurers attempt to shift blame, careful preparation can help establish what the evidence actually shows.
If you were seriously injured in a Missouri truck crash and fault is being disputed, our team can help you understand how comparative fault may affect your claim.