Kansas City Truck Accident Lawyers

After a Kansas City trucking accident, you may be faced with significant personal injuries, damage to your vehicle, and a lengthy recovery process. Additionally, you may be facing an uphill battle in your quest to recover compensation for your damages, including complex legal issues and difficult negotiations with insurance companies.

Read on to learn more about protecting your legal rights after a truck accident in or around Kansas City.

Common Causes of Truck Accidents in Kansas City

There are many different reasons why truck accidents occur in and around Kansas City. For example:

• 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 fails to yield or follows another vehicle too closely
• The truck driver fails to stop at an intersection, red light, or stop sign
• The truck driver is drowsy, sleepy, or tired
• The truck driver is distracted, such as by texting or using electronics
• The truck driver is under the influence of drugs or alcohol while driving
• The truck driver is inattentive to traffic signs or signals, fails to check blind spots, or otherwise fails to pay attention to the road
• The truck driver exhibits reckless, negligent, or even aggressive driving habits
• The truck is overloaded or has improperly loaded with cargo
• The truck has mechanical defects
• The truck is unsafe due to improper maintenance by the trucking company

Types of Truck Accidents

At Bretz Injury Law, we handle many different types of truck accidents, and some of the most common types we see include the following:

• Head-on collisions. These involve a truck driver crashing head-on into another vehicle and often cause catastrophic or even fatal injuries.
• Jackknife accidents. These involve the trailer of a truck swinging around and folding toward the truck. Cars trapped in between the truck and truck cab often sustain serious damage.
• Rear-end collisions. In this case, motorists often sustain serious neck and head injuries due to large commercial trucks driving into the rear end of their vehicles.
• Rollovers. This is where large commercial trucks roll over and cause serious accidents involving other vehicles. These accidents often happen when truck drivers drive around a corner too fast or slow down too quickly.
• Tire blowouts. This is where a tire is destroyed on the road, sometimes resulting in a serious accident that can involve multiple cars. Even the most experienced truck drivers have a difficult time controlling a truck when a tire blows out, especially on the highway.
• Under-ride accidents. This often involves a truck driver stopping quickly, resulting in another driver traveling underneath the tractor-trailer and sustaining serious damage.

Regardless of the type of truck accident you or your loved one was involved in, our experienced truck accident attorneys at Bretz Injury Law are here to fight for the justice you deserve. We understand the challenges you are facing, and we are ready to help you navigate the legal process.

Determining Liability in a Truck Accident

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.

For example, the truck driver may be at fault if they were driving recklessly or negligently, but the trucking company may also be at fault if it failed to supervise or properly train the driver. The truck driver may be liable if they were speeding or otherwise failed to stop in time, but the trucking company may also be liable if the truck itself had issues due to improper maintenance of the fleet. It may even be possible that yet another entirely different party is partly liable. For example, a cargo company that improperly overloads the truck, resulting in an accident.

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 truck was improperly inspected by the trucking company 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: that the defendant’s breach directly caused the plaintiff’s injuries, leading to their monetary damages.

In some cases, there may also be a question as to whether the plaintiff was partly liable for the accident. For example, if the plaintiff was under the influence of drugs or alcohol, and their reaction times were slower as a result, then they may be partially responsible for the accident even if the truck driver was mostly at fault, such as by speeding or veering into the plaintiff’s lane. In those cases, it is still possible for the victim to recover compensation for their damages, though their total compensation may be reduced by the amount of their liability. In essence, they will still be able to get damages minus the amount that corresponds to their portion of fault.

Issues of liability and damages can be complex and difficult to resolve. Liability for a truck accident is rarely clear-cut, and it requires solid proof that the other party’s actions caused the accident. Moreover, those issues can involve various laws and require in-depth legal analysis. Having an attorney by your side is essential, particularly if you are concerned about being able to establish fault by the other party.

What Happens if a Commercial Truck Hit Me?

If you have been hit by a semi, tractor-trailer, or other commercial vehicle, it is important that you seek out the help you need to treat your injuries, whether that be medical attention or legal representation. You will need to establish a claim for negligence, proving that the other party caused your damages when they failed to conform to the standard of care on the road. To protect your legal rights, take the following steps:

• Document everything, from taking witness statements at the scene to taking photos of your injuries.
• Keep track of your expenses related to the accident, including any medical bills or lost income.
• Seek out the medical care you need, and make sure you get evaluated fully for injuries.
• Consult with an experienced and knowledgeable personal injury lawyer about your legal rights and options.
• With your attorney’s help, file a claim against the other party and their insurance company in the appropriate venue.

How Long Do I Have to File a Claim?

Generally, in order to file a timely lawsuit after a trucking accident, you will need to file your claim within the statute of limitations, which is the time period by which the claim must be filed, otherwise, you risk being able to recover compensation for your injuries.

Different statutes of limitations apply to various types of claims, and each state sets its own statutes of limitations. It is important that you know the timeline by which you must file your claim in your state. In Kansas, for example, a truck accident claim or other personal injury claim must be filed within two years from the date on which the accident or injury occurred. It is very important that you check with a knowledgeable attorney about when the statute of limitations will expire in your case and that you make sure your filings are handled properly before that date.

How Much Is My Truck Accident Case Worth?

It is difficult to predict how much you might be able to recover in your truck accident claim — each case is different, based on the unique facts and circumstances that caused the accident and the ways the law applies to those facts. The amount of your recovery can vary greatly depending on the strength of your evidence, the full value of your damages, the willingness of the other party and their insurance company to negotiate, and many other factors.

There are various types of compensation, however, that you may be able to recover through a Kansas City truck accident claim. If another person is at fault for the accident, you may be able to recover compensation for your damages, including:

• 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 car 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

It is important that you understand the factors that go into valuing your damages so that you may request compensation for the full value of your claim and negotiate for a fair and reasonable settlement offer. Consult with an experienced Kansas City truck accident lawyer, who will be able to accurately assess the full value of your damages.

How Long Do Truck Accident Cases Take?

It is also difficult to predict how long it will take you to recover compensation after your Kansas City trucking accident. Personal injury cases can take a long time to resolve, though the vast majority of them end up being settled outside of court. The negotiation process can also be lengthy and complicated, making for an uncertain time period during which a victim of a truck accident may need to wait a while before they see any compensation. Having a knowledgeable truck accident lawyer by your side can make a difference, as they will be able to navigate the process and negotiate on your behalf.

How Can a Bretz Injury Law Truck Accident Lawyer Help?

A truck accident lawyer can be invaluable after your crash. They will advise you of your legal rights, go over your options, and establish a comprehensive plan for the next steps to take in your case. They will also investigate the facts, preserve important evidence, and put together a strong case on your behalf. A truck accident lawyer is important in the process of negotiating with the trucking company and the insurance companies involved, giving you a leg up against these large companies who often have significant legal and financial resources on their side. If a settlement is not possible, an experienced truck accident attorney will be able to file your claim in the appropriate court and represent you in front of the jury.

Whether you were sidelined by a serious truck accident, car accident, or motorcycle accident, our experienced, knowledgeable attorneys are here to help. Put simply, we are who you need when you’re in need. At Bretz Injury Law, we fight to help truck accident victims recover fair compensation for all of their physical, emotional, and financial losses. Our Kansas accident lawyers know how to build powerful claims and aggressively negotiate with trucking companies and insurance companies for fair settlements, but when this is not possible, we are fully prepared to represent our clients at trial. We are intentionally small to give you more personalized service.

We understand the challenges you are up against, as well as the many that still lay ahead. With our team by your side, you can focus on what matters most — healing and moving forward with your life. Our attorneys will work with the insurance company on your behalf negotiating for a fair settlement. If necessary, we are prepared to file a lawsuit against the at-fault truck driver or trucking company and seek full and fair recovery for your damages at trial.

If you or someone you love was injured by the negligent or wrongful conduct of another in a trucking accident, reach out to Bretz Injury Law today. 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.