For those injured in a trucking accident or the family members of those who are killed in one, it is an extremely difficult process to face alone. When filing a personal injury claim after a semi-truck wreck in Kansas, it is imperative to hire a personal injury attorney. An experienced Kansas personal injury lawyer will know how to deal with the truck company’s legal teams, who just want to settle the claim for the least amount possible. Martin & Wallentine, LLC has successfully represented many injured clients, and will have the knowledge and tenacity to fight for you to receive maximum compensation!
Kansas Truck Accident Statistics
In the United States, around 500,000 semi-truck accidents occur per year and 1% of these accidents are fatal. Semi-trucks weigh an average of around 80,000 lbs, whereas an everyday car weighs about 5,000 lbs. Due to this, the fatalities are often those in the smaller cars simply because of the vast size difference between the two vehicles. There is an extremely large number of trucking accidents in Kansas because it is located in the center of the country, therefore trucking is a huge industry here. In 2021 alone, there were 3,316 accidents involving semi-trucks in Kansas. These wrecks take up 18.9% of all fatal accidents in the state of Kansas; there was a total of 153 deaths in 2021 due to large 18-wheeler trucks (2021 Kansas Traffic Crash Facts Book). If you or a loved one has been injured in a truck accident, call Martin & Wallentine; we will fight for you to receive maximum compensation.
Truck Driver Regulations
Semi-trucks are highly regulated and restricted. They are regulated by a set of rules called the Federal Motor Carrier Safety Regulations (FMCSR). Per these regulations, truck drivers must acquire a commercial driver’s license (CDL) in order to drive a semi. It qualifies them to operate 18-wheelers and other large trucks. Along with obtaining a CDL, all truckers must follow the Hours of Service (HOS) regulation, arguably one of the most important rules set by the Federal Motor Carrier Safety Administration (FMCSA).
The HOS rule states that truck drivers are only allowed to work for 14 consecutive hours. Of these 14 hours, they are only allowed to drive 11 hours and must be off duty for at minimum 10 hours before embarking on a new route. Many drivers violate this rule and change their driving reports to fit the standards set by the HOS regulation. They do this to make longer trips and get their cargo to the destination quicker, but change the driving logs to make it seem like the trip fits the HOS guidelines. By doing this, they are putting themselves and others at risk. Drowsy driving is a huge cause of trucking wrecks and as previously mentioned, they are highly fatal.
Legal Teams for Trucking Companies
Truck accidents vastly differ from regular personal injury claims. Some might simply consider them “big car wrecks”, but that couldn’t be further from the truth. Evidence is an imperative aspect of filing a personal injury claim after a truck accident. If possible, we will gather as much evidence as you can like photos, witness statements, and a copy of the police report. This is because legal teams for big trucking companies often try to shift the blame onto the other driver, the manufacturer of a defective part, or the maintenance company responsible for upkeep of the truck. These legal teams also tend to use aggressive legal tactics. They will try to minimize their liability by using intimidation tactics, delaying the legal process, or dragging out the case to increase your personal legal fees.
That being said, this is potentially avoidable if you hire a personal injury attorney. They will know exactly how to fight these legal teams, ensuring that you are not the target of their aggressive tactics. If you hire an attorney, legal teams cannot reach out to you personally; they must speak to your lawyer instead. An experienced personal injury lawyer will know the correct steps to take and will fight for you during this unimaginably difficult time of pain and suffering.
Martin & Wallentine, LLC
By retaining a Kansas City and Johnson County, KS truck accident attorney from the law firm of Martin & Wallentine, you can discuss your case with an attorney who will give you the respect and attention that you deserve during this difficult time. We are prepared to give everything we can to obtain the compensation you deserve. We also work on a contingency fee basis, which means that we don’t get paid unless you get paid. Put your faith in us and allow us to fight for you!
Read What Our Former Clients Have Said
"Professional, informative, and vital in working with the prosecutor to secure the most favorable outcome possible".Barb
"Jerry kept in constant contact with us and our son during the case and went the extra mile to plea before the judge outside and inside the courtroom".Joanne from Nebraska