Kansas City Trucking Accident Attorneys
The size and weight of 18-wheelers (also known as tractor-trailers or semis) virtually ensure severe injury or fatalities when involved in accidents with smaller vehicles. But both state and federal laws add complexities to these cases. Each trucking accident lawyer at White, Graham, Buckley & Carr, L.L.C. has a detailed knowledge of all laws and the operation of the trucking industry in Eastern Jackson County and the Kansas City metropolitan area. Our knowledgeable lawyers help ensure the protection of the rights of our clients, even when going against powerful trucking company legal teams.
Special considerations of tractor-trailer trucking accidents
Our experienced Kansas City trucking accident attorneys will conduct thorough investigations to reveal the causes of each truck accident, which will often extend beyond just the failure of the truck driver to follow the rules of the road. Each personal injury attorney at White, Graham, Buckley & Carr, L.L.C. looks for all possible causes, including the following:
- Driver errors, potentially caused by fatigue or lack of training
- Improperly loaded trucks, which can cause cargo to shift in transit, causing trailers to swing and possibly resulting in jackknifes
- Poor truck maintenance, causing drivers to lose control due to blown tires or brake failure
- Trucking company negligence, possibly forcing drivers to take procedural shortcuts in an effort to meet unrealistic delivery deadlines
Our personal injury attorneys understand the devastation these accidents cause to our clients and their loved ones, and we have an impressive track record achieving full and fair settlements and verdicts for cases in Eastern Jackson County and the Kansas City area.
- Trucking Accident Frequently Asked Questions -
What is considered a commercial truck or semi?
A commercial truck or semi truck is a very big truck that sometimes has a trailer attached to it and is used to deliver products in large amounts over the road. Some examples of commercial semi trucks include UPS delivery Trucks, Tractor Trailers, FedEx Trucks,Semis, Tanker Trucks, and 18-Wheelers.
What is the main differences between a commercial trucking accident and a regular car accident?
The main difference between a truck accident and regular car accidents is how severe the damage in the crash is to the smaller vehicle. This is caused by the major size and weight difference between a commercial truck that is fully loaded and the average car. The damage caused by a commercial truck crash is usually far more severe than a normal car accident. Another major difference is that the truck driver can be held accountable in the crash as well as the trucking company involved in the accident. Additionally, commercial truck drivers have much more stringent regulations that they are required by law to follow for maintenance of their trucks and how the drive on the roadways. These factors and regulations are taken into consideration during the investigation of a trucking accident case.
Who can file a lawsuit in a trucking accident or wrongful death due to a trucking accident?
The trucking accidents injured victims, and in certain cases their spouses can also bring a lawsuit forward. In a wrongful death lawsuit the families appointed trustee can file a suit against the trucking company and the driver of the truck on behalf of all family members of the deceased.
Who all can be held liable if I am hurt in a commercial trucking accident?
If you have become the injured victim of a trucking accident due to no fault on your behalf, there are individuals and businesses that can be held accountable for the accident and injuries. The the trucking company, the employee of the trucking company or the company that employs the truck driver, the company that owns the trailer, the company that owns the goods that were being shipped and/or any other individual or business that could have been a contributing factor to the trucking accident could all be held responsible in a truck accident injury case.
Is there a statue of limitations on filing a trucking accident lawsuit?
Each state has a different statute of limitations. The statute of limitations to bring a case forward will depend on what state the trucking accident has occurred. In Missouri, trucking accidents generally have a 5 year statute of limitations and wrongful death cases have a three year statute of limitations. If the trucking accident happened in Kansas, however, you generally have two years to bring a lawsuit forward. It is advised to file a claim as soon as possible. The sooner you can begin the legal process and investigation by a legal team regarding your case, the more likely your chance of obtaining a favorable outcome in your case and financial compensation for injuries.
What will it cost to hire an experienced trucking accident attorney to handle my case?
The law firm of White, Graham, Buckley and Carr. LLC. handle injury and wrongful death lawsuits on a contingency fee basis. This means that you only pay a fee to our law firm if you are successful in making a financial recovery for yourself. Therefore, it is very much in your best interest to hire an experienced trucking accident lawyer as soon as possible.
Are expert witnesses required in order to prove who is at fault in a trucking accident lawsuit?
Virtually every trucking accident lawsuit should have expert witnesses to help with the investigation and to thoroughly analyze the facts, findings and any information for the potential for possible testimony towards the liability in the case. In trucking accident cases it is also very important to hire experts in order to testify that the truck safety inspections and driver logs were properly or improperly kept.
Should I go see a doctor even if I feel ok after being involved in a trucking accident?
After you have been a party in a trucking accident, even if you do not feel as though you are injured, it is very important to see a doctor to make certain that you do not have any hidden injuries that could be severe. Quite often trucking crash victims will not feel as though they are injured until a many hours or days after the crash has taken place. When entering into an injury lawsuit it is also very beneficial to have documentation of the injuries you sustained in the accident from from a doctor. This documentation will help to knock out the defense attorneys possible move to say that your injuries were caused by something other than trucking accident.
Can I win my lawsuit even if I may have been partially at fault in the trucking accident?
The states Alabama, Maryland, North Carolina, Virginia and Washington D.C. have "contributory negligence" laws which means that the amount of financial compensation you can collect depends on to what degree of the accident is your fault. Also known as comparative negligence, the degree of the other party's accountability for the trucking accident is estimated by comparing their negligence with your own negligence in the accident. In several states, you are not capable of recovering any compensation if you are 50 percent or more at fault for the trucking accident.
If I am injured from a a trucking accident that occurred where the truck has jackknifed is it always considered the truck driver's fault?
In an accident just because the semi-truck has jackknifed does not always automatically mean that the accident happened due to the negligence of the truck driver or some other driver error. In every trucking accident the truck driver cannot be automatically found 100% at fault due to a jackknifed truck. If severe driving conditions like black ice had prevented the truck driver from stopping the truck properly or if the semi-truck had to jackknife to advert a separate catastrophe from occurring, chances are that the semi- truck driver will not be found responsible for the trucking accident.
I was severely injured in a trucking accident where the driver of the semi truck was at fault. Can I get compensation for back pay and the time I missed from my job?
In a commercial trucking accident suit, a portion of your recovery may include financial compensation for any lost income from missed work as a result of the trucking accident, in addition to financial compensation for your loss of potential earning capacity as a result the injuries sustained from the trucking accident.
Why is it crucial to get a copy of the truck driver's log immediately after a trucking accident?
Federal laws do not allow commercial truck drivers to drive over a certain amount of hours per day before they are required to take a break and sleep. By checking to see weather or not this the log was correctly kept and logged is very important in determining if there was a violation of these laws that caused driver fatigue and contributed to the trucking accident.
What does the "No Zone." mean when involving large semi trucks on the roadways?
A "No Zone" is a large commercial truck's blind spots, or the areas behind the vehicle and next to the vehicle where the commercial truck driver has either zero visibility or very limited visibility. The No Zone on a large commercial truck is usually the left rear quarter of the truck, the right rear quarter of the truck and directly behind the vehicle. Many commercial trucking crashes occur because another car on the roadway is riding in the commercial truck's No Zone area.
How soon after a trucking accident should I contact a lawyer to represent me in my case?
An experienced trucking accident lawyer should be consulted with as soon as possible following the accident. Most attorneys will give a free first consultation. Contacting an attorney early on can help with getting started in time to properly make any investigations needed before filing the suit. When you do not make contact with a lawyer early on, certain evidence as to who is negligent in the accident could very likely be destroyed or misplaced. After a trucking accident the more time passes before you retain an injury lawyer, the more difficult it becomes for your lawyer, their expert witnesses and investigators to put together the facts of the case.
Exceptional results. Personal service. Good lawyers.
Located close to the Independence Center and the new Independence Event Center, White, Graham, Buckley & Carr, L.L.C. works with clients throughout Eastern Jackson County, as well as the Kansas City metropolitan area. We operate on a contingency fee basis, make home or hospital visits for clients unable to travel to our office, and have evening and weekend hours available on an appointment-only basis. Contact our office online to schedule a free initial consultation with a lawyer from our firm. Call 816-373-9080
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