AD. Being hit by a commercial truck is a terrifying ordeal. The destruction can be immense. The harm can be crippling. If it happened to you in Kansas City, the law gives you rights. Call a local Kansas City Truck Accident Lawyer right away. You need to know what to do next.
[Photo by Caleb Bennetts on Unsplash]
What Is a Commercial Truck?
Commercial trucks are larger in size compared to most cars. They include big rigs, semi-trailers, delivery vans, and construction trucks. If these trucks get into an accident, the damage increases.
Some of the most prevalent types of commercial trucks include:
- 18-wheelers
- Box trucks
- Dump trucks
- Tanker trucks
- Delivery trucks (like Amazon, FedEx, or UPS)
They haul freight around the state and country. Many of them pass through Kansas City every day. They are regulated by strict safety regulations, but those are not always followed.
Who Might Be Liable?
In the aftermath of a trucking accident, there are several people who might be liable. It is not necessarily the driver.
Some others who might be liable include:
- Trucking companies
- Shipping companies
- Truck owners
- Maintenance staff
- Parts manufacturers
For example, a driver may be forced to put in extremely long hours. A repair shop may skip safety inspections. Even tire makers are held responsible if a tire blows out due to a defect. An attorney will know who is really at fault.
Truck Accident Causes
There are a variety of reasons that truck accidents happen. Some of the most prevalent are:
- Driver fatigue
- Speeding
- Distracted driving
- Poor maintenance of the truck
- Overloaded trucks
- Improper turns
- Driving under the influence
- Poor weather and low visibility
Most truckers feel compelled to deliver on time. Pressure causes errors. Fatigued or hurried drivers are hazardous.
Steps to Take in the Event of a Trucking Accident
- Call 911 – Report the accident.
- Seek Medical Attention – Injuries that seem minor get worse later.
- Take Photographs – Record the scene, injuries, and damages.
- Get Contact Information – Interview any witnesses.
- Do Not Talk to Their Insurance – They will have you say something that they will be able to use against you.
- Call a Lawyer – This will keep your rights intact.
Take notes on anything you remember also. What the driver said, weather, and road signs. Little things may come in useful down the road.
Your Kansas City Legal Rights
Missouri law permits accident victims to recover damages for losses. If you are struck by a truck, you can recover:
- Medical expenses
- Lost wages
- Pain and suffering
- Future cost of care
- Cost of damage to your vehicle
You don't have to be entirely at fault. Missouri has a doctrine known as "pure comparative fault." That implies you can still recover money even if you were partly at fault.
Example:
- If you were 20% at fault
- And the damages were $100,000
- You can still get back $80,000
This law helps many victims who may have done something wrong. It also helps with the legal process to protect your future, especially if the accident left you unable to work.
Time Limit to Make a Claim
You have five years in Missouri from the time of the collision to file suit. But waiting too long hurts your case. Evidence is lost. Witnesses forget what they saw. Companies dispose of documents. You should talk to a lawyer right away. Doing something early makes the case stronger.
Why a Truck Accident Lawyer Is Helpful
Truck cases are not like other car accidents. They are more complex. There are more regulations. More individuals are involved. Insurance companies struggle more.
A good lawyer can:
- Find all the individuals at fault
- Get the appropriate experts
- Deal with insurance companies
- Take the case to court, if needed
Attorneys also know how to get logbooks, GPS records, and maintenance reports. They are hard to get without an attorney. Most truck attorneys are on a no-win, no-fee basis. That is, you don't pay unless they win your case.
Kansas City Truck Laws Are Crucial
Truck drivers and operators must follow state and federal laws. They are:
- Driver hours
- Drug testing
- Truck inspections
- Load limits
If you broke these rules, it would strengthen your case. For instance, if a driver hadn't slept or had failed drug tests, this would show they weren't safe.
How Much Are Truck Accident Settlements?
It depends on how much money you can receive:
- How injured you were
- Medical expenses
- Lost wages
- How the accident affected your life
- Whether or not you can return to work
- What kind of care you might need in the future
Some cases of truck accidents settle for the thousands. Others settle in the millions. Each case is different. If your injury is permanent, your lawyer can request future treatment and lost earning capacity. These amounts can be high.
Things That Ruin Your Case
The following are some things that harm your case:
- Not seeking medical attention right away
- Talking to the trucking company's insurance
- Posting on social media about the accident
- Waiting to talk to an attorney late
- Not reporting injuries or symptoms when speaking with doctors
Be honest with doctors. Say as little as possible. Let your attorney do the talking when you can.
What If Someone Was Killed in the Accident?
When someone is killed in a trucking accident, relatives can sue for wrongful death. This can cover:
- Funeral costs
- Medical bills
- Lost wages
- Loss of companionship
You may have up to five years to go after it. But the sooner you do, the stronger the case. Wrongful death cases are tragic. A lawyer can deal with the unpleasant things so your family can proceed with healing.
What is Unique About Truck Cases?
Truck cases are distinct from car accidents. Here's why:
- Trucks have greater insurance coverage
- More than a single company is involved
- Federal safety laws govern
- Injuries are typically more serious
- Evidence such as black box information can disappear quickly
That is where the right lawyer comes in. Someone familiar with trucking laws can help fight for your rights.
FAQs
1. Can I sue the trucking company rather than the driver?
Yes. Often, the trucking company is at fault. They may have hired a driver not fit for duty or neglected safety inspections.
2. What if I was partly at fault?
You can still recover funds. Missouri is a partial fault state. Your recovery will be reduced by your degree of fault.
3. How much do truck accident attorneys charge?
Most work on a no-win, no-fee basis. You pay nothing if they lose your case.
4. Do I need to go to court?
Maybe not. Most cases are settled. But if no offer is made, your lawyer can try it out.
5. How long does a truck accident claim take?
It depends. Some settle in months. Some last more than a year, especially if there is a trial.
Endnote
Do not try to handle a truck accident case on your own. An experienced personal injury lawyer in Kansas City knows the law and will fight hard to uphold your rights. If you were hit by a Kansas City commercial truck, don't wait. Your way of life may depend on it.
