Kansas Truck Accident Lawyers
If you were seriously injured, you do not want to negotiate with the trucking company or their insurance carrier without a truck accident lawyer representing you.
Tractor trailers tend to be owned or leased by large corporations very motivated in protecting their records. On top of that your insurance company will also want to reduce claims. Injuries can last a lifetime.
If you were injured, get a free consultation with us right now to make sure you aren’t in debt paying medical bills later.
Expert Legal Help with Truck Accident Lawyer in Kansas
Truck accidents often cause the most serious injuries, up to and often including death, because of factors including speed, velocity of impacts and the mass of the forces involved. We have represented numerous clients injured in truck accidents. This includes representation of both motor vehicle drivers and commercial drivers, all of whom have been seriously injured in this type of collision.
Owners and operators of truck fleets have a duty to properly maintain their vehicles through regular maintenance and service. Both federal and state laws govern care and operation of these commercial vehicles by the owners and operators. If you were driving a truck that wasn’t properly maintained or were in a collision and struck by a truck that was not, you are likely eligible to make a claim.
Handling truck accident cases can often be tricky and requires expertise and experience. We have both and a track record of winning significant settlement for injured victims of truck and tractor trailer accidents. We have been helping accident victims for more than 30 years and can get you the best possible settlement for your circumstances.
What Types of Truck and Tractor Trailer Cases Do You Handle in Kansas?
We have successfully won in court or negotiated a settlement for truck and tractor trailer liability cases including:
1. Roll over collisions
2. Trucks and tractor trailers crossing into another vehicle’s lane
3. Trucks which have lost their load causing a collision for vehicles behind them
4. Head on collisions
5. Rear end collisions
6. Accidents caused by brake and tire failure
7. Other collisions caused by failure to control the truck, tractor trailer or load
What Are Some Specific Truck Accident Cases You Can Win in Kansas?
Failure to control cargo – We successfully handled a case for the wrongful death of a father who was killed when a truck lost its load and it flew across the interstate median. The load struck the windshield of an oncoming motorist and killed a passenger of the vehicle. Failure to properly secure a load is a major cause of highway injuries and fatalities involving trucks.
Failure to use due care – Another claim with a significant settlement was a case where a truck driver was run off the road and collided with another vehicle because a car driver was driving distracted. We represented the truck driver who suffered a mild traumatic brain injury. We were able to recover damages under an uninsured motorist policy, Worker’s Compensation coverage, L & I benefits, a permanent partial disability (PPD) and general damages due to his head injury.
Failure to maintain lanes – We represented another motorist who was driving an SUV when a trucker failed to stay within his lane and jack-knifed his tractor trailer striking the victim’s vehicle and causing it to roll 360 degrees before it came to rest. This case was litigated through arbitration resulting in a significant award of damages.
CAUSES OF TRUCK ACCIDENTS
Truck drivers are under a lot of pressure to deliver their loads in a timely manner, and as a result, it is not uncommon for accidents to happen. Truck accidents can occur as a result of:
- Aggressive Driving
- Defective Truck Equipment
- Improper Truck Maintenance
- Drug & Alcohol Abuse
- Improperly Loaded Trucks
- Inexperienced Drivers
- Distracted Driving
Truck accidents take thousands of lives each year
Recent government statistics show that each year, more than 100,000 people are seriously injured in accidents involving large trucks and thousands more lose their lives. Truck accidents and fatalities from these accidents are on the rise – truck accidents rose by nearly 20% between 2001 and 2012 (the most recent statistics available).
Most fatalities (73%) are drivers in other vehicles struck by semis and tractor trailers but truck drivers are also often killed in these accidents, in 18% of crashes. Statistics also show that truck accidents most often occur on weekdays between 6 a.m. and 6 p.m.
Frequently Asked Questions About Truck Accidents
Q. What is a truck accident?
A. A truck accident is any accident involving a commercial truck (a semi-truck) and a passenger vehicle.
Q. If injured by a semi or commercial truck, do I have a better case for receiving damages?
A. Yes, you do. Truck drivers are expected to meet higher standards than other motorists. If you are injured by a driver and it can be proven they were operating in violation of the Federal Motor Carrier Safety Regulation Act, you may have a case against both the driver and the commercial carrier as well. To ensure you receive the compensation you deserve, hire an experienced personal injury attorney to evaluate the merits of your case.
Q. Why is it important to get a copy of the driver’s log after an accident?
A. Drivers are only allowed to drive a certain number of hours per day before they must sleep. The log can demonstrate if the driver was in violation of the law and whether fatigue may have contributed to the accident.
Q. Should I stay in my truck (or car) after an accident or get out?
A. Remain in the vehicle if you feel dizzy or are in pain. Do your best to remain calm and avoid changing positions. Pain in the neck or back can indicate a serious injury that could be made worse by climbing out of the vehicle. It is far better to wait for an ambulance than to end up crippled for life. No insurance claim can restore your health. However, if you see fire or smell smoke, the vehicle may not be safe and you should try to exit and as far away from traffic as possible.
Q. What is the first thing I should do if I am in a truck accident in Kansas?
A. First, if you or anyone else is injured, call 911. Give as many details as to your location as you can. While you are waiting, get as much information as possible, including name and contact information of the truck driver, license plate number and contact information of passengers and eyewitnesses to the accident. Be sure to get insurance information.
Q. When the KC police arrive at the scene of the accident, should I talk to them?
A. Yes, you should. Whether you are the victim or the cause of the truck accident, limit yourself to discussing the facts. Avoid taking blame for the accident or making accusations.
Q. Is there any information I should get to support a potential claim?
A. Yes. You should take pictures of the accident scene if you can. This should be done as soon as possible, as evidence is often swept away within hours. Also take pictures of yourself and any passengers immediately after the accident. Follow up with pictures a few days later when bruises and other injuries become apparent.
Q. How soon after an accident should I contact my insurance company? Do I even need to contact them, if I wasn’t at fault?
A. Whether or not you were at fault, contact your insurance company as soon as possible after the accident. Stick to the facts and let the insurance company evaluate them. Meanwhile, hiring a truck accident attorney could make the difference between making a successful claim and no claim at all.
Q. Who can I sue if I am injured in a truck accident?
A. You can sue the person driving the truck, the company the person is driving for, the owner of the trailer, the shipper whose goods the tractor-trailer was carrying and/or any other entity that may have contributed to the accident (a tire manufacturer whose tire blew out, for example).
Q. Should I contact the other driver’s insurance company?
A. No, this can jeopardize your case. Instead, hire an experienced truck accident attorney to handle any communication. Anything you say can be twisted to rob you of compensation you deserve. If they contact you, direct them to your attorney.
Q. How soon after an accident should I contact an attorney?
A. When dealing with a truck accident, it is important to make contact with an attorney as soon as possible. You can be sure that the trucking company is going to investigate the accident immediately. You need a lawyer who is on your side to do their own investigation just as quickly.
Q. I have been asked to release my medical records to the truck driver’s insurance adjuster. Should I do this?
A. Absolutely not. Always consult a qualified personal injury attorney in Kansas or Missouri before releasing any information or your case may be seriously impaired.
Q. If I file a personal injury claim in Kansas, will we settle out of court or go to trial?
A. Many truck injury cases are settled out of court and will depend on whether the insurance company makes a fair settlement offer for your claim. If the offer is unacceptable, we may take the case to trial.
Q. If I feel fine after a truck accident, should I still go to see a doctor?
A. Anyone who was in a motor vehicle accident should consider seeing a doctor to make sure that there aren’t any hidden injuries. Often you won’t feel the effects of an injury until the next day or two after the accident. Scheduling a doctor’s visit as soon as possible is a wise precaution.
Q. I feel fine. Should I go ahead and settle the truck accident claim with the insurance adjuster?
A. We don’t recommend this until you have seen a doctor and made sure that you are okay and have no hidden injuries. You want to be sure that all your medical costs, loss of work and other expenses resulting from the accident are covered. You will also want to get your own quotes for vehicle repairs before settling anything.
Q. I feel that I may have contributed to the truck accident. What should I do?
A. While you may feel that you are at least partly at fault, you may not be the best judge of that fact. There are many factors that contribute to an accident – road conditions, distractions, improper maintenance, equipment failure, driver fatigue and carelessness, just to name a few. It’s best to not admit any blame at the scene of the accident and allow qualified investigators evaluate the accident.
Q. I said some things at the scene of the truck accident that I now realize weren’t accurate. Will this hurt my case?
A. It is quite common for details to be incomplete at the time of an accident. After you go home, you replay the accident and may recall details you overlooked at the time. Hiring an experienced personal injury attorney is one of the best ways to ensure your side of the story is properly reflected.
Q. My air bags didn’t deploy during my truck accident. Can I sue the vehicle manufacturer?
A. This depends on which situations the manufacturer has warranted the air bags to deploy under. If the air bags failed under these warranted situations, then a qualified personal injury attorney can help you pursue your case.
Q. How much does it cost to consult with KC Truck Accident Law about my accident?
A. We never charge for an initial consultation and review of your accident.