Collisions involving a massive commercial truck and a much smaller passenger vehicle often result in catastrophic injuries and devastating consequences. A fully loaded semi-truck can weigh up to 80,000 pounds, and when an accident occurs, the lives of truck accident victims are changed forever. If you or a loved one has suffered serious injuries in a Kansas City truck accident, you are not alone.
An experienced Kansas City truck accident lawyer at Presley and Presley Trial Lawyers is here to help you navigate the complexities of an accident case and fight for the justice you deserve. Our lawyers have over 40 years experience in dealing with complex commercial vehicle injury lawsuits and have secured millions of dollars in settlements and verdicts for our clients.
Key Takeaways: What to Know After a Kansas City Semi-Truck Accident
The immediate aftermath of a Kansas City semi-truck crash can have lasting effects on the outcome of a case. Due to the devastating nature of truck accidents, victims are often unable to take action immediately after the wreck. Seeking medical attention is always the number one priority.
After seeking medical help, the best thing to do is preserve evidence. If possible, take photos or videos of the accident scene, or ask someone to record evidence. As soon as the accident occurs, the trucking company begins building its defense, and key evidence could disappear.
There are other ways to preserve evidence without going to the accident scene. Keep a journal of your injuries, treatments, and pain symptoms as they progress. Photos, videos, and medical documentation can help with this.
It’s also important to contact a truck accident attorney in Kansas City as soon as possible so they can begin seeking evidence for you. This includes the truck’s “black box” data, driver logs, and traffic surveillance footage that can document what happened.
- Truck accident cases are highly complex and can involve multiple liable parties, including the truck driver, trucking company, and parts manufacturers.
- Federal and state regulations, such as hours-of-service rules and vehicle maintenance requirements, play a crucial role in determining fault in a truck accident claim.
- Common causes of commercial truck accidents include driver fatigue, poor truck maintenance, improper cargo loading, and violations of federal safety laws.
- Evidence such as the truck's "black box" data recorder, driver logs, and professional accident reconstruction is vital for building a strong personal injury case.
- Victims of a devastating truck accident may be entitled to financial compensation for medical bills, lost wages, and other damages related to their serious injuries.
Get Help from Our Kansas City Truck Accident Lawyers with a Proven Track Record
Our truck accident attorneys have deep roots in the Kansas City community, and we are proud of the work we’ve done on behalf of our injured clients. Partner and co-founder Jill Presley is a lifelong resident of Kansas City, and she has dedicated her career to helping those in need after a serious accident or injury.
Jill and her husband, firm co-founder Kirk Presley, have earned national recognition for their work representing the injured. She has been recognized by The National Trial Lawyers, Best Lawyers®, and Super Lawyers for excelling in catastrophic injury litigation, insurance bad faith, and aviation law. Kirk has been recognized by Best Lawyers®, rated AV by Martindale-Hubbell, and chosen Best of the Bar by the Kansas City Business Journal.
Our track record speaks for itself, with several multi-million-dollar verdicts and settlements recovered throughout our firm’s history of resolving complex accident claims. This includes a $5.25 million tractor-trailer crash verdict, in addition to a $30 million recovery for a car accident victim and $25 million for a client who sustained a spinal cord injury in a motorcycle accident.
How Much is a Truck Accident Lawsuit Worth?
This is a common question for anyone recovering from a severe tractor-trailer crash. Unfortunately, there is no easy one-size-fits-all answer. Each case has many different factors, such as:
- How many parties are at fault
- Insurance policies and policy limits
- The severity of your injuries
- How much medical care you require
- How much work you have missed
- Whether or not you will be able to work the same job going forward
- Other damages that are harder to qualify, like pain and suffering and loss of enjoyment of life
It takes an experienced semi-truck accident lawyer to accurately value your losses and damages caused by a commercial vehicle wreck. Our team always pursues all avenues of compensation, as this client testimonial shows:
After interviewing four other firms, we met the Kirk Presley team. Impressive! They are all hard-working, amazing professionals who know the legal system inside and out. They pursued all avenues, digging deep to assure a fair settlement for two separate suits and were victorious with both. It was a long process, and they never slowed down. They were patient, kind, encouraging, and informative. Kirk is upfront on all the possible outcomes, and his team is relentless in getting to the truth. They are highly regarded in the legal community. You definitely would not want to be on the opposite side of this brilliant firm! Hands down, I recommend Kirk, Sean, and the team.
Why a Truck Accident Case is More Complex Than a Car Accident
Car accident claims tend to be relatively straightforward. When one person hits another, the claim usually involves negotiations and sometimes litigation with the at-fault driver’s insurance company.
Large truck crashes are much more complex. Several vehicles might be involved. The claim might be against the company that employed the driver, the company that loaded the truck, or the company responsible for keeping the truck up to date on maintenance. Perhaps the driver was intoxicated, or forced to work long hours by their employer. Liability shifts depending on these circumstances.
These companies and their insurers have teams of lawyers dedicated to minimizing their payouts. You need an experienced injury attorney who understands the nuances of federal trucking regulations and isn't afraid to take on these corporate giants to secure the fair compensation you need.
Common Causes of Commercial Truck Accidents in Kansas City
Our experienced attorneys investigate all factors that may have contributed to your truck crash. Many truck accidents are caused by negligence and are entirely preventable. Common causes include:
- Driver Fatigue: Many truckers work long hours to meet deadlines, leading to dangerous driver fatigue that impairs judgment and reaction time, often in violation of federal hours-of-service rules.
- Reckless Driving: Speeding, aggressive lane changes, tailgating other vehicles, and distracted driving are common forms of negligence that lead to catastrophic accidents.
- Poor Truck Maintenance: Trucking companies are required to perform regular vehicle inspections. When they fail to do so, mechanical failures like faulty brakes or tire blowouts can cause the driver to lose control.
- Improper Cargo Loading: An overloaded or improperly secured load can violate truck weight limits, making the commercial vehicle unstable and difficult to stop, leading to serious truck crashes.
- Driving Under the Influence (DUI): Commercial truck drivers are held to a higher standard regarding alcohol and drug use. A truck driver operating their vehicle while impaired presents an extreme danger to everyone on the road.
- Violating Federal Trucking Regulations: From logbook violations to ignoring mandatory rest breaks, cutting corners on federal and state regulations is a frequent cause of devastating truck accidents.
Determining Liability in a Kansas City Tractor-Trailer Crash
A critical step in any truck accident case is determining all liable parties. Our investigation goes beyond just the driver to uncover every party whose negligence contributed to the crash.
- The Truck Driver: We investigate if the driver was distracted, fatigued, speeding, or violating traffic laws at the time the accident occurred.
- The Trucking Company: The trucking company can be held responsible for negligent hiring practices, encouraging drivers to violate federal trucking regulations, or failing to ensure proper poor truck maintenance on its fleet of commercial vehicles.
- Vehicle or Parts Manufacturers: If the crash was caused by mechanical failures like defective tires or brakes, the manufacturer can be held liable for putting a dangerous product on the market.
- Maintenance & Cargo Companies: Third-party companies responsible for vehicle inspections, repairs, or loading cargo can also be held accountable if their negligence led to the collision.
How Our Legal Team Secures Vital Evidence to Fight Insurance Companies
After a city truck accident, you can be sure the trucking company’s insurance company will immediately begin working to protect its interests. They often try to dispute liability or offer lowball settlements that don't begin to cover medical expenses. You should not even speak to your own insurance company before consulting with a lawyer.
An experienced truck accident lawyer from Presley and Presley Trial Lawyers will build a powerful case to protect your rights. We use key evidence, including:
- Police and witness reports
- The truck’s event data recorder (the “black box”)
- Driver logs and trucking company records
- Expert accident reconstruction to prove how the crash happened
- Testimony from medical and financial experts
Our team of personal injury lawyers will explore every avenue to hold the responsible parties accountable and help you recover the financial compensation you need for your recovery.
Understanding Federal Trucking Regulations
One of the key ways we investigate a truck accident is by scrutinizing the trucking company’s adherence to federal trucking regulations. These federal laws, set by the Federal Motor Carrier Safety Administration (FMCSA), are designed to prevent accidents.
- Hours-of-Service Regulations: To combat driver fatigue, federal law limits how many long hours a truck driver can be on the road. A driver is generally limited to an 11-hour driving period within a 14-hour window, after which they must take 10 consecutive hours off-duty.
- Mandatory Rest Breaks: A driver must take a 30-minute break after 8 cumulative hours of driving.
- Vehicle Inspections: Drivers and companies must conduct regular inspections to identify safety issues like worn tires or faulty brakes.
When a truck driver or trucking company is found to be violating federal trucking regulations, it can be powerful evidence of negligence in your injury claim.
Frequently Asked Questions About Kansas City Truck Accidents
Many victims of tractor-trailer accidents in Kansas City have questions about what to do next, including what to expect from a truck accident lawsuit. Our personal injury attorneys are happy to answer any questions you have in the aftermath of an 18-wheeler collision. These are some of most common questions our personal injury law firm receives about truck accident cases in Kansas City.
What is the statute of limitations for a truck accident claim in Kansas City?
In Missouri, the statute of limitations for a personal injury claim, including one from a truck accident, is generally five years from the date the accident occurred. In Kansas, it is typically two years. It is crucial to act quickly, as failing to file a lawsuit within this timeframe can permanently bar you from recovering compensation.
What happens if I am found partially at fault for the truck crash?
Both Missouri and Kansas use a "comparative fault" system. This means you can still recover financial compensation even if you are partially responsible for the accident. However, your total compensation award will be reduced by your percentage of fault. For example, if you are found 10% at fault, your final recovery would be reduced by 10%.
How much does it cost to hire a Kansas City truck accident lawyer?
Most experienced personal injury law firms, including Presley and Presley Trial Lawyers, handle truck accident cases on a contingency fee basis. This means you pay no upfront fees. The law firm's fee is a pre-agreed percentage of the total settlement or verdict they recover for you. If they do not win your case, you owe no attorney fees.
What is the average settlement for a commercial truck accident case?
There is no "average" settlement, as the value of each truck accident case depends on its unique facts. Factors that influence a settlement amount include the severity of the injuries, total medical bills and future medical costs, the amount of lost wages and impact on future earning capacity, the level of negligence of the liable parties, and the strength of the evidence gathered.
Contact an Experienced Kansas City Truck Accident Attorney Today
If you or a family member is one of the many truck accident victims facing broken bones, catastrophic injuries, or even wrongful death after a collision, do not wait. The time to act is limited.
Contact Presley and Presley Trial Lawyers to speak with a dedicated city truck accident lawyer who can protect your rights. We will fight to get you the resources you need to cover your medical costs, lost wages, and more. We are here to help.