If you have been involved in a truck accident in Missouri, you may be wondering who should be held accountable for your damages—the truck driver or the trucking company. The answer depends on several factors, including the cause of the accident, the driver's employment status, and whether the trucking company violated any federal or state regulations.

Understanding Liability in a Truck Accident

In Missouri, liability in a truck accident can fall on multiple parties. Here are some key considerations:

• Truck Driver Liability: If the driver acted negligently—such as by speeding, driving under the influence, or failing to follow traffic laws—they can be held personally liable for the accident. However, most truck drivers work for a company, which means their employer may also share responsibility.
• Trucking Company Liability: If the trucking company failed to maintain the vehicle properly, encouraged unsafe driving practices, or violated federal safety regulations, it could be held liable. Companies are responsible for ensuring that their drivers are properly trained, licensed, and compliant with hours-of-service rules to prevent fatigue-related crashes.
• Independent Contractors vs. Employees: One crucial factor in determining liability is whether the truck driver is an employee of the trucking company or an independent contractor. If the driver is an employee, the trucking company is typically responsible for their actions under the legal principle of "respondeat superior." However, if the driver is an independent contractor, liability may be more difficult to establish against the trucking company.

When to Sue the Truck Driver

You may pursue legal action against the truck driver if their negligence directly caused the accident. This is common in cases involving reckless driving, distracted driving, or driving under the influence. However, even if the driver is at fault, their ability to compensate you fully may be limited compared to a larger company with insurance coverage.

When to Sue the Trucking Company

If the trucking company’s policies or negligence contributed to the accident, suing the company may be the best course of action. Examples include:

• Failure to maintain the truck: If the accident resulted from faulty brakes, worn tires, or other mechanical issues, the trucking company may be liable.
• Improper hiring practices: If the company hired a driver with a history of safety violations or failed to conduct proper background checks, it could be responsible for the crash.
• Forcing drivers to exceed hours-of-service limits: If the company pressured the driver to stay on the road longer than legally allowed, leading to driver fatigue, liability could extend to the company.

Determining the Best Legal Strategy

If you were injured in a truck accident in Missouri, it is important to consult an attorney who understands the complexities of trucking accident claims. At The Law Offices of Lance Loewenstein, P.C., we provide legal assistance to the Kansas City public, helping victims determine who is responsible and pursuing the maximum compensation for medical expenses, lost wages, and pain and suffering.

By conducting a thorough investigation, obtaining accident reports, and reviewing trucking company records, we can build a strong case on your behalf. Whether the claim is against the truck driver, the trucking company, or both, we work to ensure that responsible parties are held accountable.