If you or a family member were injured in a truck accident in Lenexa, KS, our legal team at Dickerson Oxton is here to fight for you. You may be entitled to significant compensation. Contact our law offices at (816) 320 4100 to schedule a free consultation with an Lenexa, KS truck accident lawyer.
That said, accidents involving semi-trucks and big rigs can be notoriously complex. An experienced Lenexa, KS truck accident lawyer can help you fight to recover fair compensation for medical bills, lost wages, and more. Our Lenexa, KS truck accident attorneys have decades of combined experience in personal injury law. We’ve used our well-honed skills to help injured clients recover millions of dollars over the years.
In your free case review, we’ll explain your legal rights and options after a crash.
How Can Dickerson Oxton Help After a Truck Accident in Lenexa, KS?
Getting into a motor vehicle accident with a large truck is extremely different from your ordinary car crash case. Multiple parties may be involved. You’ll likely be facing off against a commercial insurance carrier.
Most importantly, your injuries are likely to be severe–meaning a significant amount is at stake.
You can count on our Lenexa, KS personal injury attorneys at Dickerson Oxton, to stand up for you by:
- Investigating carefully to determine the cause of the crash
- Locating evidence to prove liability
- Working with leading experts in various specialties
- Determining how much your injury claim is worth
- Negotiating with the defense attorneys and insurance companies for a full settlement
We believe in providing personalized attention to every client we take on in Lenexa, KS. You can trust that we’ll be available to answer your questions at every turn. Call our Lenexa, KS truck accident lawyers today for your free initial consultation.
How Do I Determine Who Is Liable for My Damages After a Truck Accident in Lenexa, KS?
In your typical car accident case, the at-fault party is usually one of the drivers. While there are exceptions, of course, most victims file a claim with the at-fault driver’s insurance company.
Accidents involving large commercial trucks are more complex. The truck driver rarely owns the truck. So, if the truck driver’s error caused the accident, someone else could be responsible for paying your damages.
Examples of potentially responsible parties include:
- The company that owns the truck
- The truck driver’s employer
- A company that leased the truck from its owner
- Manufacturers of defective truck equipment
- A company responsible for the truck’s cargo
- Government agencies responsible for oversight or road maintenance
In the most common truck accident case, the driver’s employer can be held liable for damages. That’s true if the driver was an employee who was operating the vehicle within the scope of employment. This theory is called vicarious liability.
However, many trucking companies try to classify truck drivers as independent contractors to avoid vicarious liability. The Federal Motor Carrier Safety Administration (FMCSA), however, modified federal trucking industry laws so that trucking companies are also responsible for the negligent acts of independent contractors.
What Should I Do After a Truck Accident?
Health and safety should always be the first priority after a trucking accident. If you or a loved one were injured, call 911 for immediate medical assistance. The operator can send an ambulance to the scene. If possible, move the vehicles to a safe place on the side of the road.
It’s also important to seek legal advice quickly. Trucking companies often send investigators to the accident scene immediately. Their teams might even arrive before the police officer has completed the accident report.
Here are some steps you can take to protect yourself:
- Avoid apologizing or taking blame for the crash
- Take photos and videos of the accident scene if you can
- Obtain the contact information of any witnesses to the truck crash
- Avoid making any recorded statements to the insurance company
- Be polite, but refuse to sign any insurance documents without a lawyer
- Exchange insurance and contact information with the other driver
After a serious crash, it can be incredibly stressful. Try to remain calm. You can always contact our lawyers in Lenexa, KS for help in the aftermath of an accident. We’ll do everything possible to protect you.
Common Causes of Truck Accidents in Lenexa, KS
Most truck accidents in Kansas City are caused by driver error. In other words, these accidents happen when drivers are negligent or careless.
Some specific examples of the types of negligent behaviors that commonly cause truck accidents include:
- Excessive speeds
- Distracted driving
- Fatigued truck drivers and ignoring FMCSA hours-of-service regulations
- Ignoring traffic signs and traffic regulations
- Driving under the influence of drugs
- Drunk driving
- Aggressive driving
- Dangerous lane changes
- Failure to check the vehicle blind spots
- Failure to account for the truck’s wide turns or longer stopping times
- Running a red light or stop sign
- Hazardous road conditions
Problems with the truck itself can also cause accidents. Many trucking accidents happen due to tire blowouts, mechanical failures and overloading the vehicle. Failure to properly maintain the truck itself is a common cause of truck wrecks.
Kansas Trucking Industry Laws
The trucking industry in Kansas is heavily regulated. The Kansas Department of Transportation provides rules about everything from truck inspections to vehicle identification and the responsibilities of truck drivers.
Commercial trucks in Kansas city must be marked on both sides with the carrier’s name and identification number. Trucking companies must prepare inspection reports both before and after trips and must also complete periodic inspections.
Truck drivers must also qualify to operate the vehicle and:
- Be at least 18 years old
- Be at least 21 years old if the truck carries hazardous materials or operates in interstate commerce
- Pass certain physical examinations
- Speak English
- Have only one driver’s license
- Obtain a commercial driver’s license (CDL)
- Know how to safely load and properly block, brace, and secure the cargo
Trucking companies must conduct background checks and review the driver’s safety history to ensure the driver is qualified to operate the vehicle.
Drivers must also obey Kansas city hours-of-service rules. Drivers carrying only cargo are limited to driving 11 hours and a 14 consecutive duty period with 10 hours resting between shifts. Drivers cannot drive more than eight hours at a time without taking a 30-minute break. Exemptions do exist in some cases, such as where the driver has rested for at least 34 hours and requests a 16-hour driving day.
Most drivers are also required to prepare a record of duty status (driver’s daily log) in their own handwriting for each 24-hour period behind the wheel. Most trucking companies are required to install electronic recordkeeping devices to store and track details on the driver’s time behind the wheel.
What Is My Truck Accident Case Worth?
The value of Lenexa, KS truck accident cases can vary greatly. However, many cases depend on a few crucial factors.
The worth of a truck accident case will likely depend on the following:
- The severity of your injuries
- Property damage estimates
- Medical treatment required
- Comparative fault
- Insurance policy limits
- Out-of-pocket expenses
- Time missed from work
A personal injury attorney can help you assess what your case is worth and pursue full compensation.
What if I’m Being Blamed for the Truck Accident?
Lenexa, KS is a pure comparative negligence state. You can still recover damages, even if you are partially at fault for the accident. However, your compensation will be reduced in proportion to your fault.
You should politely refuse to speak to an insurance adjuster without a lawyer. Instead, contact our law firm in Lenexa, KS for help addressing the insurance company’s requests and allegations of fault.
What Types of Damages Are Available to Victims of Truck Accidents in Lenexa, KS?
Victims of truck wrecks in Lenexa, Kansas can seek compensation for economic and non-economic damages, including:
- Past and future medical expenses
- Lost wages
- Reduced earning potential
- Physical therapy
- Rehabilitation and specialized therapies
- Property damage
- Pain and suffering
- Emotional distress
- PTSD
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium and other damages for wrongful death
At Dickerson Oxton, our Lenexa, KS truck accident attorneys work on a contingency fee basis. Because you won’t have to worry about paying attorneys’ fees unless we win your case, there’s no risk in seeking legal representation.
How Long Do I Have to File a Lawsuit After a Truck Accident in Lenexa, Kansas?
The statute of limitations for truck accident cases in Kansas is two (2) years from the date of the accident or injury. This means that the injured person must commence a civil action to recover damages within two years of the truck accident.
Contact an Lenexa, KS Truck Accident Lawyer for a Free Consultation
Tractor-trailers are large and heavy vehicles. When they’re involved in accidents, the potential for devastating injuries is greatest for occupants in smaller passenger vehicles. If you were injured, an Lenexa, KS truck accident lawyer at Dickerson Oxton can help you fight for compensation. Call us today at (816) 320 4100 to learn more.
What our Lenexa, KS Clients have to say
“I recently completed a case with Chelsea. My experience was great. I never once felt uninformed or like I couldn’t ask questions. I always felt things were in great hands. They make it so easy to move forward through hard experiences. I would recommend the firm to any of my friends or family.”