April 16, 2026 | Car Accidents, Truck Accidents
If you have been involved in an accident involving a commercial vehicle—whether it’s an 18-wheeler, a delivery van, or a large freight truck—you may be able to file a lawsuit as the victim of negligence. Because trucking accidents often involve catastrophic injuries and complex layers of liability, understanding your rights is the first step toward recovery.
The commercial freight industry in the United States is incredibly massive and has seen some of the most rapid growth of any industry in the United States.
Here are some statistics to back up this claim according to the American Trucking Association:
Needless to say, the number of commercial trucks on American roads and the revenue they generate for both themselves and their vendors are gigantic.
18-wheelers and other commercial vehicles play a vital role in our everyday lives, and they are essential to the economy.
Trucking and freight companies haul an array of goods and raw materials, making delivery of anything from household appliances to construction components a streamlined process. Commercial trucks often drive at high speeds and use specialized routes to expedite deliveries.
However, due to the number of trucks on the road, the distance they travel, and the sheer size and weight of their vehicles, commercial trucks are also responsible for some of the most devastating car accidents.
If you have been involved in an accident involving a commercial vehicle, you may be able to file a commercial trucking lawsuit as the victim of negligence on behalf of the truck driver and/or their employer.
Negligence is legally defined as the failure to use reasonable care. In the context of the trucking industry, both the driver and the trucking company have a “duty of care” to ensure the safety of everyone else on the road.
Common examples of trucking negligence include:
If the truck driver or their employers did not follow safety regulations or their actions caused an automobile accident, they can be found negligent and liable to a lawsuit. You could file a lawsuit against the trucking company if they were negligent in their hiring, training, or supervision of the truck driver.
Related: Who is responsible for determining fault in a car accident
Under Missouri law, several parties may be eligible to seek compensation following a commercial truck crash:
There are a variety of commercial trucking faults that lead to lawsuits. Any of these can open up a commercial trucking company to a lawsuit if a related accident occurred:
Faulty machinery or poor truck maintenance: If a truck’s brakes, engine, tires, or other parts are faulty, the trucking company is liable.
Improperly loaded cargo: Cargo that is not properly secured or that has shifted in transit can cause accidents.
Failure to comply with traffic laws: If a truck driver runs a red light or speeds, fails to yield, or drives aggressively, it can lead to an accident.
Driver negligence: If a truck driver does not follow proper procedures for safely driving, it can lead to accidents.
Related: United States Car Accident Statistics
By definition, a commercial trucking company is a company that transports goods by road in a licensed vehicle – such as a large truck or transport van – with a commercial license from the state department of transportation. If you’ve been in an automobile accident with a commercial truck, you may be able to file a lawsuit against the company.
All states allow you to file a lawsuit against commercial trucking companies, and you should do so immediately after the accident. You don’t need to file a lawsuit to receive compensation, but if you simply accept the payout given to you by the company’s insurance agent, you will likely receive far less compensation than you deserve.
Truck companies know they are the target of multi-million dollar lawsuits. So, immediately after a serious collision occurs, the truck company will send an experienced team of lawyers, experts, and investigators to the scene of the accident. This team is often referred to as a “crash team.”
The truck company’s crash team is responsible for securing the accident scene, gathering evidence in support of the truck company, and minimizing evidence that may place blame on the truck driver and the trucking company. This is one of the most important reasons why you should hire an experienced attorney immediately — you need someone in your corner who can act just as quickly.
One of the most critical pieces of evidence in a truck accident case is the truck’s Electronic Control Module (ECM), commonly called a “black box.” Roughly 95% of trucks built since 2010 carry one of these systems. The ECM records operational metrics such as speed, brake use, throttle position, GPS location, and hours-of-service data in real time, and it captures key data from the seconds before, during, and after a crash.
This data is powerful because it counters the narratives that trucking insurers often put forward — blaming weather, traffic, or the other driver. Hard numbers about speed and brake timing are difficult to dispute. An experienced attorney will act immediately to send a spoliation letter demanding that the trucking company preserve this data before it is overwritten or destroyed.
One of the most critical pieces of evidence in a truck accident case is the truck’s Electronic Control Module (ECM), commonly called a “black box.” Roughly 95% of trucks built since 2010 carry one of these systems. The ECM records operational metrics such as speed, brake use, throttle position, GPS location, and hours-of-service data in real time, and it captures key data from the seconds before, during, and after a crash.
This data is powerful because it counters the narratives that trucking insurers often put forward — blaming weather, traffic, or the other driver. Hard numbers about speed and brake timing are difficult to dispute. An experienced attorney will act immediately to send a spoliation letter demanding that the trucking company preserve this data before it is overwritten or destroyed.
Since 2022, there have been important clarifications regarding Missouri’s legal landscape that you must be aware of:
1. The Statute of Limitations
In Missouri, the statute of limitations for most personal injury claims is five years from the date of the accident (RSMo § 516.120). However, if the accident resulted in a fatality, a wrongful death claim must be filed within three years (RSMo § 537.100).
2. Pure Comparative Fault
Missouri follows a “pure comparative fault” rule. This means even if you were 20% at fault for the accident, you can still recover 80% of your damages. The trucking company’s insurance will often try to shift 100% of the blame onto you—having an attorney prevents them from unfairly devaluing your claim.
3. The “Gig Economy” & Delivery Vehicles
With the rise of Amazon, Uber, and Lyft, many “commercial” accidents now involve independent contractors. Determining whether the driver’s personal insurance or the company’s million-dollar commercial policy applies is one of the most complex parts of modern personal injury law.
Automobile accidents involving large commercial trucks like semi-trucks and 18-wheelers can devastate all parties involved. If you’re injured in such an accident, you may be able to file a lawsuit against the trucking company. You’ll want to act quickly, though, as the statute of limitations is short.
In addition to filing a lawsuit, you can also help protect yourself from future accidents by driving defensively. Avoid distractions behind the wheel, keep a safe distance from commercial trucks, and always be prepared for the unexpected.
If you have questions or have been involved in an automobile accident involving a semi-truck, transportation vehicle, 18-wheeler, or any other commercial vehicle, contact the St. Louis personal injury attorneys at Ortwerth Law to schedule your free consultation.
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