How to File a Claim After a Truck Crash in Missouri

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

What to do after a truck crashes into you: Filing a claim in Missouri

This FAQ explains step-by-step how to preserve your rights and file a claim after a crash with a commercial truck in Missouri. This is educational information only and not legal advice.

Detailed Answer — Steps to file a claim after a truck crash in Missouri

1. Get safe and seek medical care

Prioritize safety. Call 911 if anyone is injured. Even if injuries seem minor, get medical attention right away. Some injuries show up later; a medical record dated soon after the crash is critical to any claim.

2. Report the crash and collect evidence at the scene

Ask police to respond and create a crash report. Collect the following if you can:

  • Photos of vehicles, damage, skid marks, road signs, traffic signals, and your injuries.
  • Names, phone numbers, driver license numbers, and insurance information for the truck driver and other drivers involved.
  • License plate numbers and the trucking company name (often on the truck door).
  • Contact details for witnesses and short notes about what each saw.

3. Obtain the official crash report

In Missouri, crash reports are commonly handled through the Missouri State Highway Patrol. You can order or view the official report through the Highway Patrol’s crash report resources, which you’ll need for insurance claims and a lawsuit.

Missouri State Highway Patrol — Crash Reports

4. Preserve evidence and protect your medical records

Keep all medical bills, doctor notes, diagnostic images, repair estimates, receipts for out-of-pocket expenses, and a diary of pain and activity limits. If the trucking company or its insurer asks you to preserve the vehicle or other evidence, do so if reasonably possible. If evidence is altered or destroyed, notify the insurer and consider legal advice immediately.

5. Notify your insurer and the trucker’s insurer

Missouri policy and practice encourage prompt notice. Give basic facts; avoid detailed recorded statements about fault until you understand the full situation. If the truck driver is uninsured or underinsured, notify your insurer about potential claims under uninsured/underinsured motorist coverage.

6. Identify potentially responsible parties

Trucking accidents often involve multiple possible defendants:

  • The truck driver.
  • The trucking company that employed or contracted the driver.
  • The entity that leased or owned the truck.
  • Manufacturers or repair shops if a mechanical defect or maintenance failure caused the crash.

Commercial carriers have different insurance limits and regulatory obligations than private drivers. Federal rules (FMCSA) and Missouri law may affect liability and available evidence.

Federal Motor Carrier Safety Administration (FMCSA)

7. Build your claim: damages and documentation

Document your economic damages (medical bills, future medical care, lost wages, vehicle repair) and non-economic damages (pain and suffering, loss of enjoyment, disability). Keep a clear file with copies of all records and bills. A demand package to the insurer typically includes:

  • A written summary of how the crash happened.
  • Medical records and bills.
  • Proof of lost income (pay stubs, employer notes).
  • Photos and the crash report.
  • An itemized statement of damages and a settlement demand.

8. Negotiation and claims handling

The insurer may make a settlement offer. Evaluate offers in light of current and expected future medical needs and other losses. Insurers often try to settle quickly for less than long-term value. You can accept, negotiate, or reject the offer.

9. When to file a lawsuit in Missouri

If negotiations fail, you may file a civil lawsuit. Missouri law limits how long you have to bring most personal injury claims. For an overview of Missouri limitations law, see the statutes on limitations.

Missouri Revised Statutes — Chapter 516 (Limitations)

File a lawsuit before the applicable statute of limitations runs, or you risk losing the right to recover. Because circumstances and deadlines vary, consult an attorney early to identify the correct deadline for your claim.

10. Comparative fault and how fault affects recovery

Missouri law reduces your recovery if you share fault. The law apportions damages based on each party’s percentage of fault. In many cases, if you are found too far at fault, your recovery may be reduced or barred. See Missouri liability and apportionment rules for more detail.

Missouri Revised Statutes — Chapter 537 (Liability and Civil Actions)

11. Consider legal help

Trucking cases often require investigation of logbooks, maintenance records, driver qualification files, and compliance with federal safety rules. An attorney can obtain these records through discovery or pre-suit requests, calculate long-term damages, and meet procedural deadlines. If you hire counsel, they can also communicate with insurers and preserve claims against multiple parties.

Helpful Hints

  • Seek prompt medical care and keep all medical records and bills.
  • Get the crash report number and order the official report from the Missouri State Highway Patrol.
  • Take many photos at the scene and of injuries as they develop.
  • Write down your memory of the crash while it’s fresh; note weather, lighting, and traffic conditions.
  • Ask witnesses for contact details and brief written statements if possible.
  • Do not give recorded statements about fault to insurers without advice—provide facts, not admissions.
  • Preserve damaged property and vehicle parts until insurers or attorneys advise otherwise.
  • Track lost wages, mileage to medical appointments, and out-of-pocket costs related to the crash.
  • Notify your insurer promptly and confirm whether you have uninsured/underinsured motorist coverage.
  • Consult an attorney early if the crash involves serious injury, death, or a commercial vehicle—evidence can disappear quickly.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.