Sansone & Lauber | January 20, 2026 | Truck Accidents Articles

I Was Hit by a Truck in Missouri—Can I Sue?

Yes—if you were hit by a truck in Missouri and injured, you can often sue the truck driver, the trucking company, and other responsible parties for negligence and pursue compensation for medical bills, lost income, and pain and suffering—and Sansone & Lauber can help you take action immediately.

If you were hit by a truck in Missouri, you may be able to sue when (1) the truck driver, trucking company, or another party was negligent, and (2) that negligence caused your injuries and losses. You generally have up to five years to file many injury claims under Missouri law, but you should act immediately because key trucking evidence—like driver logs, ELD data, and video—can be lost without fast preservation (FMCSA guidance says motor carriers must retain records of duty status and supporting documents for six months).

Call RIGHT NOW and speak with a lawyer for FREE at 314-863-0500. Our attorneys are standing by to take your call. Don’t Wait! Waiting only hurts your case! The sooner you call us, the sooner we can help you!

This is not a “normal” accident case—truck crashes are built differently

When a commercial truck hits you—an 18-wheeler, semi, tractor-trailer, box truck, dump truck, garbage truck, delivery van, or any fleet vehicle—you’re dealing with:

More severe injuries (more force, more trauma, longer recovery)
Commercial insurers trained to reduce high-dollar payouts
A trucking company that controls critical evidence
Multiple defendants and multiple insurance policies
Federal safety rules (FMCSA) that can prove negligence when violated

Trucking insurers do not “wait around.” They move quickly to limit exposure. That is why your next steps matter as much as the crash itself.

When can you sue after being hit by a truck in Missouri?

You can generally sue when you can prove the standard legal elements of negligence:

Duty – The truck driver/company owed you a duty to operate safely and follow the law.
Breach – They violated that duty (fatigue, speeding, unsafe lane change, bad maintenance, etc.).
Causation – Their breach caused the collision and your injuries.
Damages – You suffered losses (medical bills, lost wages, pain, impairment).

Most trucking cases are won or lost on two questions:

Who is legally responsible (liability)?
How serious are your injuries and long-term losses (damages)?

A Missouri truck accident lawyer’s job is to build the evidence for both—fast.

Who can you sue? Often more than just the truck driver.

One of the biggest mistakes victims make is assuming the case is only against the driver. In reality, truck cases frequently involve multiple responsible parties.

Common defendants in Missouri truck accident lawsuits

1) The truck driver

Liable for negligence such as fatigue, distraction, impairment, unsafe speed, tailgating, or violating traffic laws.

2) The trucking company / motor carrier

The company may be liable for:

negligent hiring, training, supervision
forcing unsafe schedules
inadequate safety policies
allowing bad maintenance
vicarious liability for the driver’s conduct while working

3) The trailer owner (often separate from the tractor)

Trailer ownership and maintenance responsibilities can be separate—and that can matter in brake, lighting, or underride scenarios.

4) The shipper/loader or cargo company

Improper loading, overloading, shifting cargo, or bad securement can cause rollovers, jackknifes, and loss of control.

5) Maintenance and repair vendors

A third-party shop may be liable if negligent maintenance or repair contributed to the crash.

6) Other drivers or companies involved

Multi-vehicle collisions often involve multiple negligent actors and multiple insurers.

Sansone & Lauber’s truck accident materials explain that truck accident claims may involve several insurance companies representing the trucking company, the driver, the trailer owner, and the cargo shipper—and that trucking companies are required to keep maintenance records and driver logs for a limited period, so lawyers must move quickly.

The “record” that wins truck cases: what evidence matters and why speed is everything

In a truck accident lawsuit, evidence is not just helpful—it is leverage. You want objective proof that cannot be argued away.

Key truck crash evidence (and what it proves)

Evidence	What it can prove	Why it matters
ELD / driver logs	Fatigue, hours-of-service violations, false logs	FMCSA ties logs to safety compliance; supports negligence
Supporting documents	Reality check vs. logs (fuel, dispatch, receipts)	Helps expose falsification and scheduling pressure
Black box / ECM data	Speed, braking, throttle, event timing	Refutes blame-shifting and “you cut me off” claims
Dash cam / surveillance video	Crash mechanics, lane position, signal compliance	Often the clearest liability proof
Dispatch communications	Pressure to meet deadlines, unsafe routing	Shows corporate fault, not “just the driver”
Maintenance/inspection records	Brake/tire issues, mechanical negligence	Proves the company allowed unsafe equipment
Driver qualification file	Training failures, safety history	Supports negligent hiring/supervision

The evidence clock is real (FMCSA 6-month retention)

FMCSA guidance states motor carriers must retain records of duty status (RODS) and supporting documents for six months. That means: if you wait, you can lose the very evidence that proves fatigue, log manipulation, and corporate safety failures.

Hours-of-service rules help prove fatigue

FMCSA defines “hours of service” as limits on how long drivers may be on duty/driving and required rest to help keep drivers alert. FMCSA also publishes a summary of hours-of-service regulations.

Translation: the law gives you a powerful road map to prove negligence—if your lawyer preserves the records early enough.

What if the trucking company (or insurer) says you were partly at fault?

Expect blame-shifting. It is standard in trucking cases.

Missouri’s Supreme Court adopted pure comparative fault in Gustafson v. Benda (Mo. banc 1983), meaning fault can reduce damages rather than automatically bar recovery.

Insurers use comparative fault to discount cases by arguing:

you merged improperly
you were in a blind spot
you stopped suddenly
you “came out of nowhere”

This is why objective evidence (video, ECM/black box, ELD/logs, reconstruction) matters. It prevents the defense from turning a narrative into a discount.

What if you didn’t go to the hospital right away?

You may still be able to sue—but delays create insurance arguments.

Truck injuries often have delayed symptoms:

concussions/TBI symptoms
spinal and nerve symptoms
internal injuries
soft tissue injuries that worsen over days

The problem is not that you didn’t go immediately. The problem is that the defense will claim your injuries “must be from something else.”

Your solution:

get evaluated as soon as possible
follow up consistently
ensure your medical record clearly documents mechanism of injury (hit by a commercial truck) and symptoms

What should you do right now if you were hit by a truck in Missouri?

If you are reading this after the crash (or while still treating), do the following in order:

1) Get medical care and follow up consistently

Your health is priority one. Your medical record is also the foundation of your case value.

2) Do NOT give a recorded statement to the trucking insurer

Recorded statements are designed to lock you into harmful language while you’re stressed or medicated.

3) Document the truck identifiers (if you can)

company name and logo
USDOT number (cab door)
trailer number, license plates
route location (mile marker, exit, intersection)
witnesses and contacts

4) Preserve physical evidence

Keep:

clothing (do not wash)
damaged items
helmet, child car seat, medical devices
photos of injuries daily for a week (bruising evolves)

5) Contact a Missouri truck accident lawyer immediately

Because your case will rise or fall on whether logs, video, and data are preserved before they disappear.

Sansone & Lauber states that its truck accident lawyers investigate thoroughly, interview witnesses, and obtain trucking company maintenance records and driver logs—and that they understand the importance of moving quickly to secure evidence before it is lost.

How long do you have to sue after a truck accident in Missouri?

Most injury claims: commonly five years under Missouri’s limitations statute

Missouri’s statute lists actions “for any other injury to the person or rights of another” as within five years in section 516.120(4).

Wrongful death: three years

Missouri law states that actions instituted under section 537.080 must be commenced within three years under section 537.100.

Critical warning

Even if the filing deadline is measured in years, evidence is measured in days and weeks. Video gets overwritten. Witnesses vanish. ELD/logs only have required retention windows.

What compensation can you recover if you sue after being hit by a truck?

Truck accidents often involve catastrophic harm, so damages can be significant when properly proven.

Economic damages (financial losses)

ER, hospital, surgery, imaging
rehabilitation, physical therapy, medications
future medical treatment and devices
lost wages
loss of future earning capacity
out-of-pocket costs (transportation, home modifications, help at home)

Non-economic damages (human losses)

pain and suffering
emotional distress / trauma
loss of enjoyment of life
disability and impairment
scarring/disfigurement

Wrongful death damages (families)

Wrongful death damages and deadlines are governed by Missouri statutes, including the three-year rule in section 537.100.

The defense will try to reduce your claim to a spreadsheet. A serious truck injury case must be built to show the real impact—future care, permanent limitations, and life disruption.

What does “suing” actually look like? Claim vs. lawsuit in trucking cases

Many victims think “lawsuit” means an immediate courtroom fight. In reality:

Investigation + treatment documentation
Insurance claim and demand package (when your medical picture is clear enough)
Negotiation
Lawsuit filing if the insurer refuses fair value
Discovery (where the most important trucking records are demanded)
Mediation/settlement or trial

You sue when it’s necessary to force evidence production and fair value. The key is having a legal team that prepares the case as if trial is real—because that’s what creates settlement pressure.

Why Sansone & Lauber for Missouri truck accident lawsuits?

Truck cases demand urgency and experience. Sansone & Lauber’s site emphasizes:

Free consultation and contingency fee (“we don’t get paid unless you get paid”) and the importance of calling early because delays give the insurance company time to build a defense.
Truck accident investigations that include obtaining maintenance records and driver logs and moving quickly before evidence is lost.
The complexity of trucking claims involving multiple parties and insurers (trucking company, driver, trailer owner, cargo shipper).

Call RIGHT NOW and speak with a lawyer for FREE at 314-863-0500.
Our attorneys are standing by to take your call. Don’t Wait! Waiting only hurts your case! The sooner you call us, the sooner we can help you!

FAQ: “I was hit by a truck in Missouri—can I sue?”

Can I sue if I was hit by a delivery truck (FedEx, UPS, Amazon contractor)?

Often yes. The key questions are: who employed the driver, who owned the vehicle, who controlled the route/schedule, and what insurance layers apply. Fast evidence preservation is critical.

Can I sue if the truck driver was working for a company?

Yes. The company may be liable directly (safety failures) and vicariously (for the driver’s negligence within the scope of work). Proof depends on records and employment/contract structure.

Can I still sue if the insurer says I’m partially at fault?

Often yes. Missouri uses comparative fault principles adopted in Gustafson v. Benda, which can reduce damages by a fault percentage rather than automatically bar the claim.

How quickly should I call a truck accident lawyer?

Immediately—because FMCSA guidance requires carriers to retain records of duty status and supporting documents for six months, and video/data can be overwritten sooner.

If you were injured, the clock is already running

When you’re hit by a truck, your injuries and your future are on the line. The trucking company has professionals working to protect its money. You deserve professionals working to protect your recovery.

Call Sansone & Lauber RIGHT NOW and speak with a lawyer for FREE at 314-863-0500. Our attorneys are standing by to take your call. Don’t Wait! Waiting only hurts your case! The sooner you call us, the sooner we can help you!