How many Truck Accidents are there in Kansas?
We have over 3,000 motor vehicle accidents in Kansas involving heavy or over the road trucks with hundreds of injuries and deaths. Although only about 1% of the accidents involve such a large vehicle, they account for over 8% of the fatal injuries in motor vehicle accidents with over 700 deaths in the last ten years or so.
Being hit by an over the road tractor trailer is like everyone’s nightmare, right? Who doesn’t worry about this while being passed by these big rigs? Then it happens to you. When the unspeakable happens and your vehicle is hit by a truck the chances are that due to the great impact your injuries will be severe. The sad news is the trend is going up with more serious accident every year.
What do you do now? You make an insurance claim.
Report the accident to your own insurance company to get your no-fault benefits started. Also, these trucking companies are required to have substantial insurance because of the high risk, so make a claim against the truck liability insurance. The truck company insurance companies are very hard to deal with and are aggressive in handling the cases attempting to keep its losses at a minimum.
Tractor-trailer accidents often results in severe injuries and death more so other vehicle collisions. Truck drivers are under a lot of pressure to make quick deliveries and get tired after long hours of driving. These large trucks are harder to operate safely. If you can, call the police and report the accident. You will need a complete accident investigation report. Your health is most important so go the emergency room or other health care provider to treat your injuries and those around you. If you have a phone take a photo of the truck that hit your vehicle, the driver, and the license tag, including the DOT numbers and name of the company on the truck. Be sure you or another records the name of any witnesses. Take photos of your vehicle.
The trucking industry is highly regulated by both federal and state laws. Truck drivers must have substantial insurance policies that will pay money damages when the driver is at fault. Your recovery will include medical expenses, future medical experience, economic loss, loss of income, loss of wages, money for pain, suffering and permanent disability. After the initial events, you will want to hire a competent truck accident lawyer. We represented people like yourself who have been injured by negligent truck drivers. We are a highly rated experienced law firm. You can call us to ask questions, and the initial call is free. If we accept the case, we will represent you on a percentage of the recovery. You don’t owe us anything on this case unless we win. If you are in a trucking accident, hire a truck accident lawyer with experience. You can get our contact information by clicking on this link.
What is a Motor Carrier?
Trucks that provide transportation service across state borders are called motor carriers and register with the federal truck registration. The federal government sets standards in its regulation. Each motor carrier registers with the Motor Carrier Safety Administration for truck registration.
Your Truck Accident Investigation.
Get a copy of the National Transportation Safety Board and the local police report. The investigating officers can be interviewed to discover the details of the official accident investigation. Get copies of weather reports if that is an issue. From the scene get photos, video tape and measure the road, shoulder, ditches, and elevations, if important, traffic control devices and any marks on the road. Photos from all sides of the truck, tractor, and trailer. Verify the current licensing with the federal government and any inspection stickers. Other possible interviews would include the wrecker driver, ambulance driver, hospital personnel, obtain the medical records, copies of the autopsy report, and death certificate, interview all eyewitnesses, get copies of the drivers log, bills of lading, weight of the load, rental agreement, lease agreement, driver’s record, and public financial information of the carrier.
In any truck accident, your attorney will want to gather information to help you win your case. This will include whether the other driver had been arrested, charged, warned, and cited for any violation of any ordinance, law and regulation in the past ten years. This includes all traffic violations, licensing violations, vehicle and driver inspection violations, and all violations of any criminal code and law. Also, you will want to know if the other driver had ever been convicted at any time of a felony, for each conviction identifying the charge, jurisdiction, conviction date, and sentence/disposition.
Get information about every instance when the truck driver driving privileges have been suspended, revoked, canceled or otherwise restricted explain why, when and by whom. Find out if the truck driver had ever been disqualified from driving a commercial motor vehicle, when and under what circumstances. We get details about any medical condition in the past five years that could affect his or her ability to operate a motor vehicle. Past lawsuits, training in connection with operating a commercial motor vehicle, how the truck driver is paid and the driver’s complete history involving any disciple or reprimands. We want the driver to explain where they were and what you were doing during the 72 hours immediately before and the 48 hours immediately following the Subject Incident. This response should include the time and location of each pickup, delivery and stop and the reason for each stop (e.g., load, unload, fuel, rest, meal, inspection, repair, other) and what they were doing when off duty. Information obtained should include respect to drivers Hours of Service (HOS) in the eight (8) days leading to the date of the Subject Incident, all errors on your logs, all HOS violations and any audit of his or hers HOS for the eight days leading to the collision. This is just part of the information we gather to help you prove your truck accident claim. We can help. Call us.
Truck Accident: Here is your next step
We will help you. Our friendly trained team members will provide you the information you need to make the right decision. We are on your side.