Who Is Liable in a Truck Accident?

Truck accidentTruck accident

If you were injured in a commercial truck accident, holding the responsible parties accountable for your injuries and suffering is often crucial. You shouldn’t have to struggle financially because of the medical expenses, missed work, and other financial losses incurred in a crash someone else caused.

Even though fighting for compensation in a truck accident might seem like an uphill battle, Mann Wyatt Tanksley Injury Attorneys have the skills and resources to handle even the most complex cases. With over half a century of experience, our team has successfully secured millions of dollars in compensation for truck accident victims. We treat each case like it’s our only case. Let our next one be yours.

Contact us today online or by phone for a free consultation with one of our experienced truck accident lawyers.  

Laws for Commercial Truck Drivers in Kansas

All commercial truck drivers in Kansas must possess a Commercial Driver’s License (CDL). Drivers must meet specific standards and go through training beyond what the state requires for a regular driver’s license. Truck drivers must also follow regulations concerning the following:

  • Minimum age for truck drivers
  • Limits on hours driven per day
  • Proper freight loading protocol
  • Medical examinations every two years
  • Safety hitches
  • Proper maintenance of brakes, tires, and other vehicle systems

Trucking companies can make additional efforts to prevent accidents by providing adequate employee training and prioritizing rest, safety, and driver attentiveness.

Common Causes of Truck Accidents

Truck accidents occur for many reasons, some attributable to driver error and others related to vehicle malfunction. Many truck crashes could be prevented through proper training, inspections, and maintenance. Sadly, this doesn’t happen in many cases, leaving victims to pay the price. 

Some common factors include the following:

  • Distracted driving
  • Drowsy driving
  • Driving under the influence of drugs or alcohol
  • Driving too fast for weather conditions
  • Driving recklessly
  • Overloaded or improperly loaded trailer
  • Brake failure
  • Other mechanical failures

Many people are responsible for keeping commercial vehicles road safe. Sometimes a truck driver may do everything in their power to drive safely. But others may have failed in loading, maintaining, or inspecting the truck.

Consequences of a Truck Crash

A fully loaded semi-trailer can weigh around 80,000 pounds, while many passenger cars weigh only 2,000 pounds. This massive size difference can have devastating and deadly consequences for the smaller vehicle’s occupants. According to the National Highway Traffic Safety Association (NHTSA), over 5,000 people were killed and nearly 160,000 were injured in collisions involving large trucks in Kansas one recent year.

Truck accidents can cause injuries such as the following:

Medical bills are usually extremely high for truck accident victims. Many individuals will need physical therapy or other rehabilitation for years, sometimes for the rest of their lives. Some severe injuries leave victims permanently disabled, drastically reducing their overall quality of life and future earning potential.

Important Evidence You Should Gather to File a Truck Injury Claim

Our attorneys will gather evidence from many sources to prepare a strong case. You can help by providing photos from the accident scene, your medical records, and contact information for witnesses. We’ll work hard to help you secure evidence such as the following:

  • Surveillance video
  • Accident reconstruction 
  • Police reports
  • Information from the truck’s black box and electronic logging device
  • Forensic data
  • Expert testimony

Our firm strives to think outside the box. We’ll look at many sources of evidence to help us understand what happened before and during the accident to support your claim.

Who Can Be Liable for a Truck Accident?

Since so many people are involved in the upkeep, loading, and operation of a commercial truck, determining liability can be more complicated than in an accident with another passenger vehicle. Our attorneys will seek to understand if any of these parties had a role in the accident:

  • Truck driver – All drivers must conduct a pre-trip inspection, follow the rules of the road, and avoid harming other drivers.
  • Cargo loaders – These workers could be to blame if they did not load the truck correctly.
  • Trucking company management – Supervisors are responsible for hiring qualified drivers and providing adequate training.
  • Maintenance team – Whether the trucking company performs their own maintenance or contracts with an outside company, maintenance records may show whether they followed a proper maintenance schedule and used quality parts for repairs.
  • Truck manufacturer – Defective truck parts or systems may lead to a product liability case against the manufacturer of the truck or any of its parts.
  • Government agencies – Poor road maintenance or lack of road signs can cause a trucking accident, which could mean the government entity maintaining those roads is at fault.

Sometimes more than one party may be liable for your losses. A skilled truck crash lawyer can review your case and help determine all responsible parties to pursue full compensation.

Statute of Limitations in Kansas

According to Kansas law, you have two years to file a personal injury claim. However, exceptions exist, so it is best to speak with an attorney to understand any applicable deadlines in your situation. You also want to reach out as soon as possible so they have time to determine liability for the truck accident, secure evidence, and file a claim.

Contact an Experienced Truck Accident Attorney to File Your Personal Injury Claim

No one should have to suffer the pain and frustration that comes after a commercial truck accident. Financial and emotional stresses only make things more difficult. If you have been injured in a truck accident, you deserve someone who will advocate for you with compassion and dedication.

At Mann Wyatt Tanksley Injury Attorneys, we care about our clients as individuals. We intentionally limit the number of cases we accept to focus on providing quality legal representation rather than taking on many cases at once. We look forward to helping you during this difficult time. Contact us today for a free consultation with a knowledgeable truck accident lawyer

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Our law firm was founded in 1999 by attorney Scott Mann. With more than 50 combined years of trial and litigation experience, we are one of the Midwest’s most qualified firms practicing exclusively in personal injury, including car accidents, truck accidents, wrongful death, and workers’ compensation.