Topeka Truck Accident Lawyers

Any vehicle accident has the potential to upend your life, but truck accidents in particular may leave you with serious personal injuries, damage to your vehicle, and significant financial burdens. On top of the long road to recovery, you may be facing an uphill battle to recover compensation for your damages.

Trucking accidents involve complex legal issues and often difficult negotiations with insurance companies. It is essential that you protect your legal rights after a truck accident in or around Topeka. 

Common Causes of Truck Accidents in Topeka

A trucking accident may involve various causes, sometimes by multiple parties. The truck driver, for example, may be negligent or reckless on the road, and the trucking company may also be negligent in its lack of supervision or in failing to properly maintain its truck. These are some of the most common causes of truck accidents in and around Topeka:

• Speeding or driving at an unsafe speed under the circumstances
• Inexperienced or poorly trained truck drivers or lack of proper supervision by the trucking company
• The truck driver failing to yield or following another vehicle too closely
• The truck driver failing to stop at an intersection, red light, or stop sign
• The truck driver being drowsy, sleepy, or tired
• The truck driver being distracted, such as by texting or using electronics
• The truck driver being under the influence of drugs or alcohol while driving
• The truck driver being inattentive to traffic signs or signals, failing to check blind spots, or otherwise failing to pay attention to the road
• The truck driver exhibiting reckless, negligent, or even aggressive driving habits
• The truck being overloaded or having improperly loaded cargo.
• The truck having mechanical defects
• The truck being unsafe due to improper maintenance by the trucking company

Common Injuries from Truck Accidents in Topeka

Trucking accidents often result in serious, sometimes even catastrophic, injuries to their victims. The sheer size and weight of trucks make a collision with them extremely dangerous, even deadly. The following types of injuries are common in truck accident cases:

• Head injuries, concussions, and traumatic brain injuries
• Back, neck, and spinal injuries
• Partial or full paralysis
• Broken or fractured bones
• Injuries to internal organs or internal bleeding
• Limb amputations
• Burns, road rash, and other abrasions
• Whiplash and other soft tissue injuries
• Scars or disfigurement
• In the most extreme cases, the wrongful death of a loved one

Liability and Truck Accidents

There are many complexities that may surface regarding liability in trucking accidents. Initially, pinpointing the responsible party can be challenging. At times, lawsuits may need to be filed against multiple parties and their insurance companies in order for victims of a truck accident to obtain compensation. Multiple parties can be held liable in an accident depending on their actions.

A truck driver might be held accountable for reckless driving, while the trucking company could also share some of the fault for inadequate supervision or training, for instance. Or, the driver may be liable because they were speeding or failed to stop in time, but the trucking company might also be liable due to inadequate maintenance leading to the truck’s issues. Sometimes, an entirely different entity, like a cargo company overloading the truck, could share partial liability for the accident.

To establish liability, the victim needs to state a claim for negligence, which requires four elements: duty of reasonable care, breach of that duty, causation, and resulting damages. A traffic law violation by the driver, for example, or improper truck inspections by the trucking company, could be enough to constitute a breach of the duty of care towards other road users. Proving causation is crucial — the victim needs to prove that the defendant’s breach has directly caused their injuries and subsequent financial losses.

Issues surrounding liability and damages are intricate and challenging to resolve. Truck accident liability seldom presents a straightforward case, demanding substantial evidence to prove the opposing party’s responsibility. These matters involve various legal considerations and laws, often requiring experienced legal analysis. Having legal representation is crucial, especially if there are concerns about establishing fault by the opposing party, so you should aim to have a consultation with a knowledgeable Topeka truck accident attorney as soon as possible.

Compensation for a Truck Accident in Topeka

Following a trucking accident, you can seek compensation for various expenses you have incurred due to the accident. You may be able to recover your out-of-pocket costs, which are quantifiable and may be proven by the bills and invoices associated with specific expenses. They include:

• Medical consultations with doctors and specialists
• Hospitalization expenses
• Surgical expenses
• Prescription medications
• Rehabilitation, nursing, and home care costs
• Therapies such as physical or occupational therapy
• Loss of income or wages caused by an inability to work post-accident
• Repair or replacement expenses for personal property, such as your vehicle

Additionally, you may pursue non-economic damages, which typically lack a precise, quantifiable value, leaving it to the jury to determine a fair and reasonable compensation amount. General damages cover the following:

• Pain and suffering
• Emotional distress and psychological trauma
• Scarring or disfigurement
• Anticipated loss of future income
• Loss of enjoyment of activities
• Loss of companionship or consortium
• The overall decline in your quality of life
• Compensation for the wrongful death of a loved one

Why Do I Need a Truck Accident Lawyer?

Truck accident cases are some of the most complex, often involving very serious or catastrophic injuries, significant damages, and complicated issues of liability. After your Topeka truck accident, you’ll want to make sure you have competent, knowledgeable legal representation. You need a Topeka personal injury lawyer who will negotiate with the other party and their insurance company and, if a reasonable settlement does not result, will represent you in court and present a strong claim on your behalf.

A trucking accident can wreak havoc on your life, leaving you with serious injuries and often significant damages. Having a knowledgeable, experienced attorney by your side to help with your claim can make all the difference. In fact, according to a study by the Insurance Institute, people who hire an attorney to represent them receive two-and-a-half to three times higher settlements than those who do not seek legal assistance.

Contact Bretz Injury Law Today

If you’ve been injured in a trucking accident as a result of someone else’s negligence, whether that be the truck driver, the trucking company, or another third party, you shouldn’t have to shoulder the aftermath on your own. When you trust your case to Bretz Injury Law, you get more than a single lawyer on your side; you get an entire team of seasoned legal professionals all working together to secure the best possible outcome on your behalf.

Our Kansas personal injury lawyers can help you understand your rights and fight for the fair compensation you are owed. Contact us today to schedule your free consultation.