Olathe Truck Accident Lawyers

Any accident is serious, but a truck accident can result in severe personal injuries, major vehicle damage, and substantial financial strain. In addition to an often challenging journey toward recovery, seeking compensation for your losses might present a tough struggle. After all, these accidents tend to be very serious, involve significant injuries, and require lengthy negotiations with the other party and their insurance company. Safeguarding your legal rights following a truck accident in or near Olathe is crucial.

Federal and State Trucking Laws

Both state and federal laws regulate the trucking industry. For example, there are regulations about how much trucks and their cargo may weigh and how cargo must be secured. There are also laws that regulate the work of truck drivers, including mandating certain training and licensing requirements and limiting the length of time they may drive in one sitting. In addition to federal and state laws, the law of negligence is also relevant to the trucking industry: it may hold a truck driver or truck company liable if they caused an accident that resulted in injuries or damages to the victim.

Why Are Truck Accidents So Serious?

A truck accident involves a collision or injury by a commercial vehicle, such as a tractor-trailer, 18-wheeler, or semi-truck, which can weigh as much as 80,000 pounds and be 20 to 30 times as heavy and large as cars. As the truck and a smaller vehicle, such as a car, collide, the car will absorb most of the impact of the crash, making its occupants more vulnerable. To add to that, truck accidents tend to occur mostly on the highway, making speed an additional factor that can result in catastrophic injuries.

Truck accidents also tend to cause more severe injuries, such as traumatic brain injuries, paralysis, spinal injuries, and even wrongful death. According to the Insurance Institute for Highway Safety, a total of 4,119 people died in large truck crashes in 2019, and two-thirds of those victims were passengers in other (usually smaller) vehicles.

What Are Some Common Causes of Truck Accidents in Olathe?

The negligent or reckless behavior of the truck driver often causes trucking accidents. Speeding or driving at a speed that is unsafe under the circumstances, for example, is one of the leading causes of truck accidents, as is the driver’s failure to stop in time for another vehicle. Failure to yield, veering into another person’s space, and failing to check blind spots are other reasons truck accidents happen — trucks and other commercial vehicles are difficult to maneuver and need careful handling.

In some cases, a trucking accident occurs as a result of the driver being fatigued or drowsy, particularly if they have been on the road for a long time. The driver may also be distracted by using a cell phone or other electronics, eating or drinking, or otherwise taking their eyes off the road. Some accidents are caused by the trucker driving under the influence of drugs or alcohol.

In addition to the truck driver, the accident may also be caused by the trucking company’s negligence. For example, the trucking company may be negligent in maintaining its fleet, resulting in unsafe or defective trucks. Additionally, they may be negligent in their training and supervision of truck drivers, resulting in a driver who does not maintain best practices on the road. It is also possible that a third party is partially liable for the accident. For example, a cargo loading company may be liable if the accident is caused by an improperly loaded truck.

What Are Common Truck Accident Injuries?

After a trucking accident, it is common for the victim to be left with serious, sometimes catastrophic, injuries. Victims may experience broken or fractured bones, injuries to the back and shoulders, and concussions or traumatic head injuries. Internal injuries and bleeding may happen, with some serious issues not being readily ascertainable until after you get checked out thoroughly at a hospital. This makes it extremely important to get medical help as soon as possible, even if you feel fine at first.

In some serious accidents, the victim may be left with a life-changing injury, such as chronic pain, full or partial paralysis, or lasting brain damage from a head injury. In the most serious cases, a loved one’s wrongful death may result from a trucking accident. It is imperative that you consult with an experienced Olathe trucking accident attorney if you have been injured, particularly if your injuries are severe and lasting. It is also important that you continue seeking the medical care you need to get better.

Who Can Be Held Liable for a Truck Accident in Olathe?

There are many different issues that can arise regarding liability for a trucking accident. For starters, it may be difficult to determine just who is at fault, and multiple parties — along with their insurance companies — may need to be sued in order for the victim to recover damages. As discussed above, the accident may be the fault of the truck driver, the trucking company, or even a third party, making questions of liability often unclear and difficult to determine. In some cases, the plaintiff may even be partially at fault. While they can still recover compensation, it may be reduced based on their percentage of fault liability.

To prove liability, the plaintiff will need to show the four elements of negligence: duty of reasonable care, breach of that duty, causation, and damages. For example, if the driver had broken a traffic law or if the trucking company improperly inspected the truck and an accident resulted, that may constitute a breach of the duty of reasonable care towards other drivers and pedestrians on the road. The plaintiff also needs to establish causation: the defendant’s breach directly caused the plaintiff’s injuries, leading to monetary damages.

What Damages Can I Seek for a Truck Accident in Olathe?

After a truck accident, you may be faced with a multitude of bills, whether it be medical expenses or bills associated with damage to your vehicle. You can seek damages for your out-of-pocket costs and general damages you have incurred, like pain and suffering. The following are some examples:

• The costs of your medical imaging, testing, and treatments
• The costs of a hospital stay
• Doctor’s visits and specialist visits
• Prescription medication costs
• Expenses related to physical or occupational therapy, nursing, or rehabilitative care
• The costs of repairing or replacing your vehicle or other personal property that was damaged
• Wages or income you have lost as a result of being unable to work after the accident
• Your pain and suffering, mental anguish, and emotional distress
• The loss of your ability to engage in activities that you can no longer do as a result of your accident
• The overall, general decline in your quality of life

Why Trust Bretz Injury Law with Your Olathe Truck Accident Claim?

A personal injury of any kind can wreak havoc on your life, but trucking accidents are particularly dangerous and costly, leaving victims with serious injuries and resulting financial damages. Having a knowledgeable, experienced attorney by your side to help with your personal injury case can make all the difference. Our attorneys have a reputation for seeking a fair and reasonable resolution on behalf of our clients, and we are known for fighting on behalf of our clients in court when a settlement is not possible, even with the largest trucking companies and insurers. Throughout the process, we will walk alongside you every step of the way.

Contact Bretz Injury Law Today

We strive to remain accessible to our clients and attentive to their unique needs. Our compassionate team can answer your questions and address your concerns 24 hours a day, seven days a week. We provide free initial consultations and work on a contingency basis, meaning you do not owe any out-of-pocket expenses when you work with our firm. Our attorneys are only paid if you are. Contact us today to schedule your free consultation.