We share the roads with tractor-trailers, delivery trucks, construction vehicles, and other large trucks that put us at risk for different truck accidents. What these accidents have in common is their ability to leave victims with devastating consequences in just about every area of life.

If you have been hurt in a truck-involved accident, connect with knowledgeable, compassionate Kansas City truck accident lawyers from Langdon & Emison. We fight for injury victims’ rights and will work to get you fairly compensated for every loss you have sustained.

Types of truck accidents

Trucks far outweigh passenger vehicles, motorcycles, and pedestrians. No matter what type of truck accident you are involved in, you face a high probability of experiencing serious damage.

Jackknife accidents

Semi-trucks comprise the trucks’ cab coupled with the trailer holding cargo. A jackknife accident occurs when the truck driver loses control and the trailer swings from behind the cab and out to the side. Ultimately, the cab and trailer come to a stop and form a jackknife or “V” shape.

As it swings, the trailer may crash into other vehicles. Once the truck stops, it presents a massive, dangerous road obstacle other vehicles may be unable to avoid.

Rollover accidents

Rollover accidents happen when a truck becomes off balance and rolls over. Depending on its speed or the power of the force that sent it off balance, it can tumble onto its side or roof. The truck can collide with other vehicles as it rolls or crushes them underneath, creating a road hazard once it comes to a full stop. Federal and state laws mandate at least some underride guards to reduce the injuries in these types of truck accidents.

Underride accidents

Trucks are taller than other vehicles. As a result, the truck floor is sometimes high enough from the ground for a smaller vehicle to slide underneath. A truck may suddenly slow down or stop, and a vehicle traveling close behind can drive under it and get trapped below.

Sideswipe accidents

Trucks have large blind spots, making it easier for vehicles traveling alongside to disappear from the truck operator’s field of vision. The truck driver may think there is room to switch lanes, only to cause a sideswipe accident. Lane merges and shifts onto exit ramps or off of entrance ramps also pose an increased risk for these occurrences.

Head-on crashes

Trucks often travel roads with opposite lanes of traffic. Sometimes, there is no barrier other than a double line between those lanes. The truck or oncoming vehicle may veer into the opposite lane and cause a head-on collision.

Rear-end crashes

Speeding, driving too fast for conditions, or following a vehicle too closely can cause rear-end collisions. Often, the initial crash leads to subsequent chain-reaction collisions.

Cargo-related accidents

If not secured properly, materials loaded on a truck bed can fly off, hitting other cars or creating a road hazard. Cargo overloads can strain a truck’s braking system, especially when a fast-moving truck must be stopped. Cargo can also shift if not loaded properly, sending the truck off balance. Liquid cargo leaks can cause slick road conditions, release toxic fumes, or erupt into flames if ignited.

Parking-related accidents

Truck operators may pull over, park on the shoulder of a busy highway, or double-park the vehicle on suburban or city streets. An improperly parked truck can impair other vehicle operators’ views of the flow of traffic, partially block intersections, or create other dangers. Though these practices are not always prohibited, truck operators must activate hazard lights and immediately place warning flares or reflective triangles around the stopped vehicle.

Causes of different types of truck accidents

Langdon & Emison will conduct a post-accident investigation to reveal the cause of your accident and the negligent party. Possible causes include:

• Driver negligence: Driving while fatigued, drunk, or distracted, disobeying traffic laws, committing driving errors, or otherwise failing to uphold the obligation to preserve the safety of others on the road
• Truck company practices: Negligent hiring practices, inadequate vehicle maintenance, pressuring drivers to drive too fast or long, or overloading cargo
• Vehicle malfunction: Brake or steering failures, tire blowouts, or other system breakdowns
• Shoddy maintenance: Inferior inspections and repair work
• Road conditions: Potholes, uneven surfaces, road debris, unclear road markings, or non-working traffic signals

The Federal Motor Carrier Safety Administration (FMCSA) has instituted comprehensive commercial truck operations regulations. While investigating your accident, your Independence truck accident lawyer will look to expose violations and demand accountability.

We handle all types of truck accidents

Any truck accident is a traumatic experience with long-lasting consequences. Langdon & Emison is here to help you find your way through those and into a more stable financial future. Connect with us at (866) 931-2115 or by sending a message to request your free case consultation. We are ready to fight to get you the financial justice you deserve.

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Convincing, comprehensive evidence is the foundation of any personal injury claim. If you are involved in a truck accident, the truck’s black box data may provide much of that crucial evidence. A Missouri truck accident lawyer from Langdon & Emison will work to secure black box data and other evidence in the fight to get you compensated for your accident-related losses.

The purpose of a truck’s “black box”

Many commercial trucks are equipped with event data recorders (EDRs), less formally referred to as  “black boxes.” Different types of EDRs have different capabilities, but the National Highway Traffic Safety Administration NHTSA gives a general description of them as general devices “installed in a motor vehicle to record technical and occupant information for a brief period of time (seconds, not minutes) before, during, and after a crash.”

The information recorded can include:

• The truck’s speed
• Whether the truck was on cruise control
• Any mechanical malfunction
• Whether the operator applied the brakes
• Whether the operator applied the clutch
• If the operator turned the steering wheel
• At what angle a truck rolled over or jackknifed
• Whether airbags deployed
• The exact time and location of the accident

Electronic logging devices

Currently, the Federal Motor Carrier Safety Administration (FMCSA) does not require all commercial trucks to have EDRs, though many have them. The Administration does mandate another type of black box, called an electronic logging device (ELD), for most commercial drivers.

The FMCSA has strict regulations governing a commercial driver’s hours of service and mandatory rest. ELDs “track, monitor, and share data” for a truck’s operation and off-duty time.

How lawyers use black box data in truck accident cases

Black box data is a crucial piece of evidence in truck accident cases, helping to determine the cause of a crash and identify the at-fault party. To secure compensation, truck accident victims must prove that negligence led to the accident, their injuries, and the resulting damages.

Electronic Logging Devices (ELDs) and Event Data Recorders (EDRs) can provide key insights into driver behavior and vehicle performance. For example, ELD data can reveal if a driver exceeded legal hours-of-service limits, suggesting fatigue as a factor in the crash. EDR data can show if the truck was speeding or if no brakes were applied before impact—indicating possible distraction, recklessness, or even mechanical failure. By analyzing this data, attorneys can build a strong case to hold negligent drivers and trucking companies accountable.

Missouri and comparative fault

Missouri’s comparative fault statute allows injury victims to pursue compensation for their losses, but the amount of compensation can be reduced in proportion to the victim’s level of blame. A Missouri truck accident attorney will challenge unfair accusations of fault to keep the compensation amount intact. Black box data can be a useful weapon in that fight.

Call on us for help if you’ve been in a truck accident. We can help determine if you have a truck accident case, and if you do, will get to work accessing EDR and ELD information.

Accessing truck black box data

Usually, the truck company owns the black boxes in their vehicles, and these companies may not readily hand over EDR data, especially if that data helps you–the victim–and not them in your personal injury claim. A Missouri truck accident lawyer from Langdon & Emison can ask for the data, which adds more power to the request.

If the company refuses to release the black box, your attorney can request a court order demanding the company’s compliance. Your attorney may also be able to get black box information from the truck company’s insurance carrier.

Even if you could secure black box data on your own, it would be of little use. Black box information is only useful as evidence if it is properly extracted and interpreted. Our team has relationships with experts qualified to carry out these tasks.

Timing matters

Connect with our team as soon as possible after your accident. This way, we can immediately send an evidence “preservation letter” to the truck company so they will not erase, misplace, or otherwise destroy the black box data.

Basic information from a black box can take a few hours or days to obtain. Analyzing and interpreting the information can take much longer–even several months. By entering a swift partnership with us, you help move that timeline along.

We put our skills and experience to work for you

Langdon & Emison has the experience and resources needed to support your truck accident claim. Call (866) 931-2115 or contact us online to arrange your free consultation. We know how to get the black box data truck accident cases need and are ready to fight for maximum compensation and help you get the justice you deserve.

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To avoid harm to yourself and your loved ones, it’s important to know the road conditions in Independence, MO, and which are the most dangerous roads to watch for. It’s even more critical to be aware of how an Independence personal injury lawyer can help you if you’re hurt in a car, truck, motorcycle, or bicycle accident. Langdon & Emison provide this helpful guide to understanding where you could be at risk and what to do if you are in a crash.

Most dangerous roads in Independence, MO, and Jackson County

Unfortunately, according to the Missouri Department of Public Safety, Jackson County has the highest number of annual vehicle accident deaths. As many as 111 people died in the latest reporting year. Although it’s tempting to blame these deaths on nighttime conditions or bad weather, over 70% of vehicle accidents occur during the daytime on dry roads.

A search of the State of Missouri STARS crash reporting tool yielded these additional details about accidents in the area around Independence, MO, for 2024:

• There were 20 fatal accidents.
• 472 crashes caused personal injury to those involved.
• Over 1,200 accidents resulted in only property damage.

I-70

Passing through several large cities in Missouri, Interstate 70 is widely recognized as one of the most dangerous stretches of road. While most crashes happen closer to St. Louis, the STARS report shows that I-70 witnessed 148 accidents in 2024 around Independence, with 44 of those involving personal injury.

This highway is critical for commuter and freight transportation traffic, putting people riding in passenger vehicles at risk of harm from commercial trucks weighing as much as 80,000 pounds and measuring up to 53 feet in length. A truck accident investigation may show that poor road design or highway maintenance may have contributed to your injuries.

State Highway 291

Highway 291 was also home to 119 accidents, 22 of which involved someone getting hurt, according to the Missouri STARS report. One incident during dark and unlighted conditions resulted in a pedestrian accident. The intersection of Highway 291 and 23rd Stree in Independence is considered one of the road’s most deadly.

Highway 24

Highway 24 saw 148 crashes around Independence in 2024, with 3 fatalities and 115 incidents involving personal injury, as shown by the Missouri STARS tool. Two of the fatal incidents were in dark and unlighted conditions where the driver hit a fixed object. Although the Missouri Department of Transportation recently completed improvement projects on Highway 24, there may be additional corrections needed to reduce the number of accidents on this road.

Staying safe while driving around Independence, MO

Regardless of the risks on roads surrounding Independence, there are important actions you can take to limit the risks you face. Our personal injury team recommends the following:

• Avoid using your cell phone while driving: Under Missouri law, it’s illegal to hold a phone for texting or making a call while driving. Doing so also takes your hand off the wheel and eyes off the road, making a dangerous road even more risky.
• Obey speed limits: Speed kills, and it also makes non-fatal accidents more harmful. While it’s tempting to “go with the flow” of fast traffic, it’s smarter and safer to follow the limits and stay to the right.
• Watch for drunk drivers: Those who drink and drive put everyone in danger on every road, so watch other motorists for signs they might be intoxicated: weaving, speeding up, slowing down, or riding the center line.
• Leave room around your vehicle: Keep a safe following distance from cars in front of you, and avoid “packs” of vehicles that make it difficult to change lanes, slow down, or exit the highway.
• Always wear your seatbelt: Seatbelts are proven to save lives and minimize injury. Use them even for short trips and driving in parking lots or neighborhoods.
• Keep an eye on other drivers: Stay focused on the road to spot brake lights or sudden changes that allow you to slow down or avoid being part of a multi-car pileup.

Learn more about Independence, MO, vehicle accidents

Although the Missouri Department of Transportation reported a decrease in traffic deaths in 2023, there are still too many people who are injured and die on our roads. By being aware of these risks and what you can do to avoid dangerous road conditions in Independence, MO, you can keep yourself and your family safe as you enjoy all the city offers.

If you have more questions about managing a vehicle accident claim in Missouri, contact Langdon & Emison online or by calling (866) 931-2115 to arrange a free consultation with an experienced car accident or truck accident lawyer. We do not get paid until we secure a settlement for you, so take action by working with us today.

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Missouri has played a pivotal role in shaping personal injury and tort law in the United States. Through landmark decisions, the state’s courts have clarified legal standards and established precedents that continue to influence how personal injury cases are litigated today. If you’re navigating the complexities of a personal injury claim, enlisting the expertise of a skilled Kansas City personal injury lawyer from Langdon & Emison can make a significant difference in securing the compensation you deserve.

Here are some famous Missouri court cases that changed the law.

Missouri Pacific Railway v. Humes (1885)

This case impacted personal injury and tort law by upholding the constitutionality of state laws that imposed penalties on corporations for negligence. The case involved a Missouri statute that allowed double damages against railroads for failing to erect fences and cattle guards, which led to injuries or property damage.

The U.S. Supreme Court ruled that the statute didn’t violate the Equal Protection Clause. This decision reinforced the states’ authority to regulate corporate conduct and impose stricter liability to protect public safety, setting a precedent for holding corporations accountable in tort cases involving negligence.

Zumwalt v. Utilities Insurance Co. (1950)

This case helped establish the doctrine of insurance bad faith, which requires insurers to act in good faith and with reasonable care when handling claims. This includes settling within policy limits when reasonable. After a car accident, the plaintiff’s insurer failed to accept a reasonable settlement offer, leaving him personally liable for damages beyond his coverage.

He sued, arguing that the insurer acted in bad faith. The court ruled in his favor, setting a key precedent that insurers must prioritize policyholders’ interests during settlement negotiations or risk liability for damages exceeding policy limits.

Gustafson v. Benda (1983)

This landmark case reshaped personal injury and tort law. The plaintiff, injured in a motorcycle collision while passing cars as the defendant turned left, faced the doctrine of contributory negligence, which barred recovery if a plaintiff was even slightly at fault.

The Missouri Supreme Court abolished this rule, adopting pure comparative fault. Under this system, plaintiffs can recover damages reduced by their percentage of fault, even if they’re more than 50% responsible. The decision ensured a fairer allocation of responsibility and allowed partial compensation for injuries despite shared fault.

Gibson v. Brewer (1997)

The Gibson v. Brewer case had a significant impact on personal injury and tort law, particularly regarding child sexual abuse by clergy. It involved a lawsuit against a religious institution for negligent hiring and supervision of an employee who caused harm.

The Missouri Supreme Court ruled that while the First Amendment protects religious institutions, they aren’t immune from liability for negligence. This decision clarified that organizations, including religious ones, can be held accountable for failing to exercise reasonable care, expanding the scope of personal injury law to emphasize accountability.

Watts v. Lester E. Cox Medical Centers (2012)

This case reshaped Missouri’s medical malpractice landscape by challenging caps on non-economic damages. The plaintiff sued after her newborn suffered severe brain injuries due to alleged medical negligence. While the trial court awarded significant damages, the defendant invoked Missouri’s statutory cap to reduce the award.

The Missouri Supreme Court struck down the cap, ruling it violated the constitutional right to a jury trial. Though the state later enacted a revised cap, Watts v. Lester E. Cox Medical Centers remains a landmark case for patients’ rights and full compensation for non-economic losses.

Coomer v. Kansas City Royals Baseball Corp. (2014)

Known as the “Hot Dog Case,” Coomer v. Kansas City Royals examined the limits of assumption of risk in personal injury claims. The plaintiff was injured when struck in the eye by a hotdog thrown by the team mascot during a promotional event.

The Missouri Supreme Court ruled that being hurt by a hotdog is not inherently a risk associated with attending a baseball game, allowing the Royals to be held liable if found negligent. The decision clarified that sports venues may have a duty to protect spectators from foreseeable risks beyond the game itself.

Why legal representation matters

These landmark cases demonstrate how critical it is for injury victims to have skilled legal representation. Our knowledgeable Kansas City personal injury lawyers can help protect your rights, negotiate fair settlements, and, when necessary, take your case to court to seek justice.

Missouri’s legal system has evolved through decades of precedent-setting rulings, which continue to serve as the foundation for current and future cases. Whether you are dealing with an insurance dispute, workplace injury, or emotional distress claim, understanding your legal rights is the first step toward recovery.

Contact Langdon & Emison today

Each of these cases illustrates Missouri’s evolving nature of personal injury and tort law. If you’ve been injured due to someone else’s negligence, it’s crucial to consult with our experienced Kansas City personal injury attorneys to protect your rights and seek the compensation you deserve.

Our skilled lawyers can help you understand the complexities of personal injury law and fight for the justice you deserve. Contact us today to schedule a free consultation.

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Losing a loved one is heartbreaking, and when that loss happens because of someone else’s negligence or wrongdoing, the grief is often mixed with a deep need for justice. In Missouri, families have the right to seek compensation through a wrongful death claim, but there’s a critical deadline to be aware of: Missouri’s wrongful death statute of limitations. Missing this window could mean losing the chance to hold the responsible parties accountable and secure the justice your loved one deserves.

At Langdon & Emison, our Kansas City wrongful death attorneys know how emotionally challenging these cases can be, and we’re committed to guiding families through this complex process with care and expertise. In this guide, we’ll break down Missouri’s wrongful death statute of limitations, how it impacts your case, and what to expect if you pursue a claim.

What is the wrongful death statute of limitations in Missouri?

Missouri’s wrongful death statute of limitations refers to the legal deadline for filing a wrongful death lawsuit. According to Section 537.100, RSMo, the statute of limitations for wrongful death claims in Missouri is three years from the date of the death. This means that a wrongful death lawsuit must be filed within three years of the loved one’s passing, or the right to seek compensation may be lost forever.

For example, if a person dies in a car accident on January 1, 2023, the family would have until January 1, 2026, to file a wrongful death claim. Filing even a day late would likely result in the case being dismissed, leaving the family without a legal avenue to pursue justice.

Why is the statute of limitations important?

The wrongful death statute of limitations in Missouri is crucial for several reasons:

• Preserving evidence – Evidence in wrongful death cases can be lost or become less reliable over time. By filing within the statute of limitations, families have a better chance of preserving critical evidence such as witness statements, accident reports, and medical records.
• Timely resolution – Legal cases take time, and filing within the statute of limitations helps ensure the case is addressed promptly. Filing early also allows surviving family members to start the healing process and move forward.
• Protecting legal rights – If the statute of limitations expires, the court will almost certainly dismiss the case, regardless of its merits. Filing within the designated time frame is essential to maintain your right to seek justice and compensation.

Are there exceptions to the wrongful death statute of limitations in Missouri?

While Missouri’s three-year statute of limitations applies to most wrongful death cases, certain exceptions may extend or alter this timeline.

Discovery rule

In cases where the cause of death isn’t immediately clear, the statute of limitations may start when the family discovers (or should have reasonably discovered) that the death was wrongful. Applying this rule is complex and requires a strong legal argument.

Claims against government entities

Missouri law often imposes shorter deadlines and additional procedural requirements if the wrongful death involves a government entity, such as a city or county. An attorney can help navigate these unique requirements.

Minors as beneficiaries

When a minor is a beneficiary, Missouri law may allow more time for legal action once they reach the age of 18. It is recommended that you consult an attorney to understand how this affects the case.

Who can file a wrongful death claim in Missouri?

Under Section 537.080, RSMo, Missouri has a specific hierarchy regarding who is eligible to file a wrongful death claim. Only certain individuals may file a wrongful death lawsuit:

• Spouse, children, or parents: The deceased’s spouse, children, or parents have first priority in filing a wrongful death claim. This includes biological and adopted children.
• Siblings or descendants of siblings: If there is no spouse, child, or parent, the deceased’s siblings or their descendants may file the claim.
• Court-appointed plaintiff: In cases where none of the above relatives exist or wish to file, the court can appoint a “plaintiff ad litem” to represent the deceased’s estate and bring the wrongful death claim.

Knowing who is eligible to file is crucial, as only one wrongful death claim can be filed on behalf of the deceased.

Steps to take if you’re considering a wrongful death claim

If you believe your loved one’s death was wrongful, it’s essential to take prompt and informed steps to preserve your legal rights:

1. Consult with a wrongful death attorney – A knowledgeable attorney can assess your case, determine if you’re within the statute of limitations, and guide you through the process. At Langdon & Emison, we specialize in wrongful death cases and are here to provide compassionate support and legal expertise.
2. Gather evidence – Start gathering evidence, including medical records, accident reports, and witness information. The more information you can collect, the stronger your case will be.
3. File before the deadline – Ensure that your claim is filed well within Missouri’s three-year statute of limitations to avoid any risk of losing your legal rights.

Potential damages in Missouri wrongful death cases

In Missouri, surviving family members can pursue several types of damages in a wrongful death case. These damages are intended to compensate for both economic and non-economic losses, including:

• Medical expenses: Costs related to the deceased’s final medical treatment and care.
• Funeral and burial costs: Expenses incurred for funeral and burial arrangements.
• Loss of income: Compensation for lost wages and benefits the deceased would have provided.
• Loss of companionship: Damages for the emotional and relational loss experienced by the surviving family members.
• Pain and suffering: Compensation for the emotional suffering endured by the family and, in some cases, by the deceased before their death.

In certain cases, punitive damages may also be awarded if the defendant’s actions were reckless or intentional.

How Langdon & Emison can help with wrongful death claims

At Langdon & Emison, we understand the heartbreak and challenges that come with unexpectedly losing a loved one. Our experienced wrongful death attorneys are committed to helping families seek justice and obtain the compensation they need to move forward. We will guide you through the legal process, handle all aspects of your case, and ensure your claim is filed within the statute of limitations.

Contact Langdon & Emison for a free consultation

If you’ve lost a loved one due to someone else’s negligence, don’t wait to take legal action. Contact Langdon & Emison today for a free consultation to discuss your case and learn how we can help you navigate Missouri’s wrongful death statute of limitations.

Visit our website or call us at (866) 931-2115 to learn more about our services and how we can assist you.

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When you’re involved in a truck accident, one of the most critical decisions you’ll face is settling your case out of court or taking it to trial. Both options have advantages and potential drawbacks, and understanding the difference between the two can significantly impact the outcome of your claim.

At Langdon & Emison, our Kansas City truck accident lawyers have represented countless truck accident victims in Missouri and across the country, and we’re here to help you make the best choice for your case. Keep reading to learn more about settling vs. going to trial.

What does it mean to settle a truck accident case?

When you settle a truck accident case, you agree to accept a certain amount of money from the defendant (or their insurance company) in exchange for resolving the case without going to trial. Settling avoids the time and uncertainty of a trial, but it’s important to understand the details before making a decision.

Benefits of settling

• Faster resolution: Settling a case typically takes less time than going to trial. Once a settlement offer is agreed upon, funds can be disbursed relatively quickly.
• Lower costs: Trials can be expensive due to legal fees, expert witness testimony, and court costs. Settling early can reduce these expenses.
• Certainty: When you settle, you know exactly how much compensation you will receive. Going to trial comes with the risk of receiving less—or nothing—if the jury sides with the defendant.

Drawbacks of settling

• Potential for less compensation: Settlements often reflect a compromise between the parties. While you avoid the risks of a trial, you may also accept less compensation than you might have received with a favorable jury verdict.
• No admission of liability: In most cases, settling does not mean the defendant admits fault. This can be important for victims seeking justice beyond financial compensation.

What is a jury trial in a truck accident case?

Taking your case to a jury trial means presenting the evidence and arguments to a judge and jury, who will decide whether the defendant is liable and, if so, how much compensation you are entitled to receive. A trial can be a more drawn-out and complex process, but it may result in higher compensation depending on the facts of the case.

Benefits of going to trial

• Potential for higher compensation: If the jury finds in your favor, you may be awarded more than what was offered in a settlement. This is particularly true in cases involving severe injuries or where the defendant acted with gross negligence.
• Public accountability: A trial can lead to a public verdict that holds the defendant accountable, which can be important for victims seeking justice, especially in corporate negligence or egregious wrongdoing.

Drawbacks of going to trial

• Uncertainty: Trials come with the risk of losing the case. Even if the evidence is in your favor, there’s no guarantee that the jury will side with you, which could result in receiving no compensation at all.
• Time-consuming: Trials take much longer than settlements. Preparing for trial can involve months (or even years) of discovery, depositions, and motions before you ever see the inside of a courtroom.
• Higher costs: Going to trial typically requires significant legal expenses, including expert witness fees, court costs, and attorney fees. While many personal injury attorneys work on a contingency basis, the costs of a trial can still reduce the final compensation amount.

Key factors to consider in the settle vs. jury trial decision

Several factors should be weighed carefully when deciding whether to settle or go to trial. Every case is unique, so consulting with an experienced truck accident attorney is crucial to making the best decision.

The strength of the evidence

If the evidence is overwhelmingly in your favor, going to trial may be worth the risk to seek full compensation. Strong evidence can include eyewitness accounts, expert testimony, video footage, and trucking company records. However, settling might be the safer option if the evidence is less clear.

The severity of the injuries

Cases involving severe or catastrophic injuries, such as spinal cord injuries, traumatic brain injuries, or wrongful death, often involve higher stakes. Trucking companies and their insurers may be more willing to offer a larger settlement to avoid the unpredictability of a jury trial. However, if the settlement offer does not reflect the full extent of your damages, a trial may be necessary to achieve fair compensation.

Insurance company’s willingness to negotiate

In some cases, the defendant’s insurance company may refuse to offer a fair settlement, either by lowballing the offer or denying liability altogether. If the insurer is acting in bad faith, going to trial may be the only way to hold them accountable. Missouri law (Section 375.296, RSMo) prohibits insurance companies from engaging in bad faith practices, and a trial may expose such behavior.

Emotional and financial considerations

The emotional toll of a trial should not be underestimated. Trials can be stressful and time-consuming, requiring you to relive the trauma of the accident. Financially, you’ll need to consider the costs of going to trial and how long it may take to receive compensation.

Case studies: Settling vs. going to trial in truck accident cases

Settlement after a major truck collision

A client was severely injured when a commercial truck rear-ended their vehicle. The trucking company initially denied liability, but during discovery, evidence was uncovered showing that the truck driver had violated federal hours-of-service regulations. Rather than face the risk of a trial, the trucking company agreed to a significant settlement, covering medical expenses, lost wages, and future care costs.

Jury trial for catastrophic injuries

In another case, a client suffered life-altering injuries in a truck accident. Despite clear evidence of negligence, the insurance company’s settlement offer was far below what was needed to cover long-term care. Langdon & Emison’s trial lawyers took the case to court, where a jury awarded substantial compensation, far exceeding the initial offer.

Contact Langdon & Emison today

If you or a loved one has been involved in a truck accident, contact Langdon & Emison for a free consultation. We’ll evaluate your case, explain your legal options, and help you decide whether to settle or take your case to trial.

Contact us online or call (866) 931-2115 to learn how we can help you with your truck accident case.

The post The difference between settling and going to trial in truck accident cases appeared first on Langdon & Emison.

At Langdon & Emison, our Kansas City personal injury lawyers know most cases can be challenging, often involving tough legal battles. While most claims settle out of court, there are situations where taking the case to trial is the only way to get the compensation you truly deserve. If you’ve been injured due to someone else’s negligence and are wondering why your case might head to trial, this blog breaks down the common reasons and what you can expect from the process.

 

Common reasons personal injury cases go to trial

While settlements are often quicker and less stressful, there are several reasons why a personal injury case might go to trial. Below are some of the most common scenarios where litigation becomes necessary.

Dispute over liability

In many personal injury cases, the defendant (or their insurance company) may dispute who is at fault for the accident. If the defendant denies responsibility or has conflicting evidence about who caused the injury, the case may need to go to trial to have a judge or jury determine liability.

Inadequate settlement offer

Sometimes, the at-fault party or their insurance company may offer a settlement that is far below what the injured person needs to cover their medical expenses, lost wages, and pain and suffering. If the settlement offer is unfair or insufficient, going to trial may be the best way to secure the compensation you deserve.

Severity of the injury

In cases involving severe or catastrophic injuries, such as spinal cord injuries or traumatic brain injuries, the stakes are higher, and the compensation needed to cover long-term medical care and lifestyle adjustments is substantial. Insurance companies may be unwilling to offer the full amount needed in these high-value cases, leading to a trial to fight for just compensation.

Disagreement over damages

Even if both parties agree on who is at fault, there may still be disagreements over the extent of the damages. This could include disputes over the cost of future medical care, lost wages, or the non-economic damages for pain and suffering. When the parties cannot agree on these figures, a trial may be required to resolve the dispute.

Bad faith by the insurance company

Sometimes, an insurance company may act in bad faith by deliberately delaying or denying a valid claim without a legitimate reason. Missouri law protects consumers from bad faith practices by insurers (Section 375.296, RSMo). If the insurance company refuses to negotiate fairly, taking the case to trial can force them to face accountability.

What to expect if your personal injury case goes to trial

If your personal injury case goes to trial, knowing what to expect and how the process works is essential. Going to trial can be daunting, but having an experienced trial lawyer by your side can help you navigate the complexities of the courtroom.

Pre-trial preparations

Before the trial begins, both sides engage in the discovery phase, where evidence is exchanged and depositions are taken. During this time, your attorney will gather medical records, expert witness testimony, accident reports, and other relevant information to build a strong case. Pre-trial motions may also be filed to resolve specific legal issues before the trial starts.

Jury selection

If your case is going before a jury, the process begins with jury selection. Both sides can question potential jurors to ensure they are impartial and can fairly evaluate the evidence. This step is critical, as the jury’s composition can influence the trial’s outcome.

Opening statements

Once the jury is selected, both sides present their opening statements. The plaintiff’s lawyer (your attorney) will outline the facts of the case, explain how the defendant’s negligence caused the injury, and describe the damages suffered. The defense will then offer its version of events.

Presentation of evidence

During the trial, both sides will present evidence to support their claims. This includes witness testimony, expert opinions, medical records, and accident reconstructions. Your attorney will work to prove that the defendant’s negligence caused your injury and demonstrate the extent of your personal injury damages.

Cross-examination

After each side presents its witnesses, the opposing side can cross-examine them. Your lawyer will cross-examine the defendant’s witnesses to challenge their credibility and highlight weaknesses in the defense’s case.

Closing arguments

Both sides will make their closing arguments once all the evidence has been presented. Your lawyer will summarize the case and explain why the evidence supports your compensation claim. The defense will make its final argument, and the case will be handed over to the jury (or judge in a bench trial).

Verdict and judgment

After deliberating, the jury or judge will reach a verdict. If the jury finds your favor, they will also determine the compensation you should receive. In Missouri, this could include economic damages (such as medical expenses and lost wages) and non-economic damages (such as pain and suffering). Punitive damages may also be awarded in cases involving intentional wrongdoing or extreme negligence (Section 510.261, RSMo).

How Langdon & Emison can help

At Langdon & Emison, our experienced trial lawyers are dedicated to helping personal injury victims secure the compensation they deserve. If necessary, we are prepared to take your case to trial and will fight to ensure justice. Whether you’ve suffered a spinal cord injury, a traumatic brain injury, or any other serious injury, our team has the skills and experience to guide you through the legal process.

Contact Langdon & Emison for a free consultation

If you or a loved one has been injured due to someone else’s negligence, contact Langdon & Emison today for a free consultation. We will evaluate your case, explain your legal options, and help you determine whether taking your case to trial is the best course of action.

Visit our website or call us at (866) 931-2115 to learn how we can help you with your personal injury case.

The post Why personal injury cases go to trial: Common reasons and what to expect appeared first on Langdon & Emison.

Hazardous materials—such as toxic chemicals, flammable liquids, and radioactive substances—can pose severe threats not only to those directly involved in a truck accident but also to entire communities. Kansas City, with its status as a major trucking hub, sees frequent transportation of hazardous materials, making these accidents a serious concern.

At Langdon & Emison, we understand the unique challenges posed by accidents involving hazardous waste and the legal complexities surrounding these cases. In this blog, our skilled Kansas City truck accident lawyers explore the dangers of collisions involving hazardous waste and the legal implications for victims and responsible parties.

Keep reading to learn your legal options, then call us at (866) 931-2115 to schedule a free consultation.

The dangers of truck accidents with hazardous waste

Truck accidents involving hazardous materials can lead to catastrophic consequences. The nature of hazardous substances means that accidents are not only a danger in the immediate aftermath but can have long-term environmental and health impacts. Common hazards include:

• Toxic spills – Hazardous chemicals or substances may leak or spill during an accident, posing serious risks to those at the scene and the surrounding environment. Toxic spills can contaminate the air, water, and soil, causing widespread harm.
• Fires and explosions – Many hazardous materials, such as gasoline, propane, and other flammable substances, can ignite if there is a spark or excessive heat during a collision. This creates a significant risk of fire or explosions, which can cause severe burns, fatalities, and property damage.
• Exposure to harmful substances – When hazardous materials are released during a truck accident, they can cause immediate and long-term health effects on those exposed. Inhalation or direct contact with toxic substances can lead to respiratory issues, skin burns, organ damage, and in extreme cases, death.
• Environmental damage – Hazardous waste accidents can cause extensive environmental harm, polluting ecosystems and threatening wildlife. Cleanup efforts are often complex, expensive, and time-consuming.

Legal responsibilities in hazardous material trucking accidents

When a truck accident involving hazardous materials occurs, multiple parties may be held responsible for the damages. These parties can include the truck driver, the trucking company, the manufacturer of the hazardous material, and others involved in the transportation process. Determining liability in these cases can be complex, especially due to the specific regulations governing the transportation of hazardous waste.

Federal and state regulations

The transportation of hazardous materials is strictly regulated by both federal and state laws. The Hazardous Materials Transportation Act (HMTA) sets forth regulations to ensure the safe transport of hazardous substances. Trucking companies must adhere to these laws, which include:

• Proper labeling of hazardous materials
• Use of specialized containers for transportation
• Licensing and training requirements for drivers
• Route restrictions and reporting procedures in case of spills or accidents

In addition to federal laws, Missouri has its own set of regulations for transporting hazardous materials. Missouri law outlines the responsibilities of those involved in transporting hazardous waste, including requirements for handling, storage, and disposal to minimize the risk of accidents.

Strict liability in hazardous waste accidents

In Missouri, trucking companies and hazardous material handlers may be subject to strict liability for accidents involving hazardous materials. Strict liability means that the responsible parties can be held accountable for damages even if they were not negligent, provided the hazardous materials caused the injury. This legal standard is crucial in ensuring that victims receive compensation when they are harmed by dangerous substances.

Common causes of hazardous material truck accidents

Truck accidents involving hazardous waste can result from several factors, many of which are preventable with proper safety measures. Common causes include:

• Driver error – Driver fatigue, distraction, or impairment is a leading cause of truck accidents. In the case of hazardous materials, driver error can lead to devastating consequences, especially if the cargo is flammable or toxic.
• Poor vehicle maintenance – Trucks carrying hazardous materials must be properly maintained to ensure they can safely handle the load. Defective brakes, worn tires, or other mechanical issues can lead to accidents, especially when transporting dangerous substances.
• Inadequate safety training – Drivers transporting hazardous materials must have specific training to handle the unique risks involved. Inadequate training or a lack of understanding of the regulations can result in unsafe handling and transport of hazardous substances.
• Improper loading – Improper loading of hazardous materials can cause cargo shifts during transport, increasing the risk of a rollover or spill. Ensuring that materials are loaded and secured according to regulatory standards is critical for preventing accidents.

Legal implications for victims of hazardous material truck accidents

Victims of truck accidents involving hazardous materials may face long-term health and financial consequences. The legal process for seeking compensation in these cases can be complex due to the multiple parties involved and the specific regulations governing hazardous material transport. Here’s what victims need to know.

Pursuing compensation for damages

Victims of hazardous material truck accidents may be entitled to compensation for a variety of damages, including:

• Medical expenses – Compensation for immediate medical treatment, ongoing care, and future medical costs related to injuries or exposure to hazardous substances.
• Lost wages – Reimbursement for lost income due to inability to work following the accident.
• Property damage – Compensation for damage to vehicles or property caused by the accident.
• Pain and suffering – Compensation for physical pain, emotional distress, and diminished quality of life.
• Environmental cleanup costs – In cases of environmental contamination, responsible parties may be required to pay for cleanup efforts.

Filing a claim under Missouri law

Under Missouri law, victims of hazardous waste truck accidents can file personal injury claims or wrongful death lawsuits to seek compensation. Missouri’s comparative fault rule allows victims to recover damages even if they were partially at fault for the accident, although their compensation may be reduced in proportion to their share of the blame.

In cases involving environmental damage, Missouri law also provides for actions related to hazardous waste disposal and spill cleanup, holding responsible parties accountable for the costs of environmental remediation.

Case studies: Notable hazardous material truck accidents

Interstate 70 chemical spill

In a notable case on I-70, a truck carrying hazardous chemicals overturned, spilling toxic substances across the highway. Nearby residents and emergency personnel were exposed to dangerous fumes, and the spill caused significant environmental damage. The trucking company was found liable for improper loading of the materials, leading to a multimillion-dollar settlement for the victims and a large-scale cleanup effort.

Kansas City flammable liquid accident

A truck transporting flammable liquids was involved in a collision on a Kansas City highway, causing an explosion and fire. Several people were injured, and surrounding property was damaged. The driver had violated hours-of-service regulations, leading to a lawsuit in which the trucking company was held accountable for both the damages and the environmental cleanup costs.

How Langdon & Emison can help

At Langdon & Emison, we have extensive experience representing victims of truck accidents involving hazardous materials. We understand the complexities involved in these cases, from navigating strict liability to addressing environmental cleanup costs and long-term health impacts.

Our skilled team will:

• Investigate the accident thoroughly, working with experts to identify violations of hazardous material transport regulations.
• Hold all responsible parties accountable, including trucking companies, manufacturers, and others involved in the transportation of hazardous waste.
• Pursue the full compensation you deserve for medical expenses, lost wages, and other damages.

Contact Langdon & Emison

If you or a loved one has been injured in a truck accident involving hazardous materials, contact Langdon & Emison today for a free consultation. We will review your case, explain your legal options, and guide you through the process of seeking compensation.

Call us at (866) 931-2115 to learn more about how we can help you with your hazardous material truck accident case.

The post The legal implications of truck accidents involving hazardous materials in Kansas City appeared first on Langdon & Emison.

As one of the largest trucking hubs in the United States, Kansas City plays a pivotal role in the movement of goods across highways, railroads, and intermodal transportation systems. While this contributes to the city’s economy, it also comes with increased risks on the road. The bustling trucking activity creates a higher potential for accidents, often leading to devastating consequences for drivers and pedestrians.

Our Kansas City truck accident lawyers understand the unique risks of living and driving in a major trucking hub like Kansas City. In this blog, we explore what makes Kansas City a critical center for the trucking industry, the risks this poses for accidents, and how Missouri law protects accident victims.

Kansas City’s role as a major trucking hub

Kansas City’s central location makes it a strategic hub for the trucking and logistics industries. With its proximity to major highways like I-70, I-35, and I-29 and its extensive rail network, Kansas City connects the East and West coasts and the Northern and Southern regions of the U.S. This accessibility makes it a vital distribution point for goods traveling cross-country.

Several factors contribute to Kansas City’s prominence as a trucking hub:

• Central location – Situated near the geographic center of the continental U.S., Kansas City is ideally positioned for nationwide distribution.
• Intermodal transportation – The city is a major center for intermodal transport, which involves moving goods using multiple forms of transportation, such as trucks, trains, and ships. Kansas City’s extensive rail and trucking network makes it a key player in intermodal freight transportation.
• Warehouses and distribution centers – Kansas City is home to numerous warehouses and distribution centers, which serve as key links in the supply chain for companies like Amazon, UPS, and FedEx.

While these factors contribute to the efficiency of the trucking industry, they also increase the volume of large trucks on Kansas City’s roads, making accidents more likely.

Increased accident risks in a trucking hub

The high volume of commercial truck traffic in and around Kansas City creates unique risks for drivers. Here’s how Kansas City’s role as a major trucking hub contributes to an elevated risk of accidents.

1. Increased traffic congestion

With so many trucks, traffic congestion is inevitable, particularly on major highways and near distribution centers. Traffic congestion increases the likelihood of collisions as drivers try to navigate crowded roads and deal with frequent stop-and-go conditions.

2. Higher incidence of fatigued driving

Long-haul truck drivers often face demanding schedules, and fatigued driving is a common issue in the trucking industry. Truck drivers may push their limits to meet tight deadlines, leading to impaired reaction times and poor decision-making on the road. According to the Federal Motor Carrier Safety Administration (FMCSA), driver fatigue is a leading cause of trucking accidents.

3. Limited visibility and blind spots

Trucks have large blind spots that make it difficult for drivers to see smaller vehicles, particularly when changing lanes or merging. These blind spots, also known as “no-zones,” can cause dangerous collisions, especially in high-traffic areas like Kansas City’s highways.

4. Longer stopping distances

The size and weight of commercial trucks mean they require more time and distance to stop compared to smaller vehicles. In situations where traffic stops suddenly, truck drivers may be unable to brake in time, leading to rear-end collisions or pile-ups.

5. Cargo-related hazards

Improperly secured or overloaded cargo can create additional hazards on the road. Shifting or spilling cargo can cause trucks to lose control or create obstacles for other drivers, increasing the risk of accidents.

Case studies: Trucking accidents in Kansas City

Interstate 70 pile-up (2019)

In 2019, a fatal pile-up involving several semi-trucks occurred on Interstate 70 near Kansas City. The accident resulted in multiple fatalities and highlighted the dangers of heavy truck traffic on congested highways. Investigations revealed that one truck driver was fatigued, contributing to the chain-reaction collision.

Overloaded cargo on I-35

A truck carrying improperly secured cargo caused a serious accident on I-35 when part of the load fell off the truck, creating a road hazard that led to a multi-vehicle crash. The trucking company was found liable for failing to ensure that the cargo was properly secured, leading to significant settlements for the victims.

How Langdon & Emison can help after a trucking accident

If you or a loved one has been involved in a trucking accident in Kansas City, navigating the legal landscape can be overwhelming. At Langdon & Emison, we specialize in representing victims of trucking accidents and have the experience necessary to handle the complexities of cases involving truck drivers, trucking companies, and large corporations.

Our team will work to:

• Investigate the accident and gather critical evidence, such as truck logs, maintenance records, and driver history.
• Determine whether any state or federal regulations were violated.
• Consult with accident reconstruction experts to build a strong case on your behalf.

We are dedicated to ensuring that victims of trucking accidents receive the compensation they deserve for medical expenses, lost wages, pain and suffering, and other damages.

Contact Langdon & Emison today

Kansas City’s role as a major trucking hub creates unique risks for drivers and pedestrians alike. If you’ve been injured in a trucking accident, it’s essential to seek legal guidance from experienced attorneys who understand the complexities of these cases. Contact Langdon & Emison today for a free consultation to discuss your case and explore your legal options.

Visit our website or call us at (866) 931-2115 to learn more about how we can help you with your trucking accident case.

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