Kansas Semi-Truck Accident Lawyers

The results of semi-truck accidents in Kansas can be devastating. Our Kansas semi-truck accident lawyers handle these very serious situations, which often involve significant property damage, serious injuries, and sometimes fatalities.

Why Semi-Truck Accidents Are Extremely Dangerous

When a semi-truck crashes into a passenger vehicle, the other vehicle is at a severe disadvantage when it comes to protecting its occupants. The size and speed of a semi-truck traveling down the highway is enough to tear a passenger vehicle to shreds and cause serious injuries to those inside.

The truck driver is much more likely to walk away unharmed, while the other victims are much more likely to require serious medical treatment.

Some of the more common truck accident injuries include:

• Broken bones. Given the forces generated during a semi-truck accident, suffering a broken bone isn’t extraordinary. It’s important that broken bones are treated properly to avoid lasting debilitation, and this treatment could mean significant medical expenses.
• Disfigurement or Dismemberment. Crushing injuries to fingers, toes, or limbs could result in permanent disfigurement. In some situations, these injuries might require amputation.
• Internal injuries. Damage to internal organs and internal bleeding are common types of semi-truck accident injuries. These injuries can be hard to detect, and they are often very serious. It’s important to seek immediate medical attention after being in a semi-truck accident, even if you don’t think that you have suffered serious injuries.
• Spinal cord injuries. Damage to the spinal cord can result in paralysis or loss of mobility. Someone who suffers a spinal cord injury is at serious risk of suffering a lifelong condition that affects their ability to earn a living and enjoy life as they otherwise would have done.
• Traumatic brain injuries. These injuries don’t necessarily have to be caused by a direct blow to the head. A quick, violent motion can cause the brain to rattle inside the skull, causing brain damage. These injuries can be difficult to diagnose, and they can be lifelong.
• Fatal injuries. Sadly, many people aren’t able to walk away from a semi-truck accident, and some people who are able to come away with their lives end up passing away due to their injuries. Surviving family members have every right to pursue compensation after the loss of their loved one in a semi-truck accident.

While dealing with serious injuries is bad enough on its own, treating these injuries often requires racking up large medical bills. On top of that, injuries may prevent an accident victim from earning income, whether that’s in the short term while they receive treatment in the hospital or over the long term due to debilitating injuries that prevent them from working. Our Kansas semi-truck accident lawyers fight for victims to ensure that these accidents don’t ruin their lives.

Common Causes of Kansas Semi-Truck Accidents

Most semi-truck accidents are caused by excessive speed, driver fatigue, and distracted driving.

Speeding isn’t just considered driving over the speed limit, it could also be driving too fast for the road or weather conditions. The massive weight of a semi-truck makes it challenging to control, and it’s even more difficult to maintain control in a large truck when it loses traction at a high rate of speed.

Under federal law, commercial truck drivers must take regular break periods to ensure that they aren’t driving while exhausted. Unfortunately, drivers are under a lot of pressure to deliver their loads as quickly as possible, and this pressure might compel drivers to skip their mandatory rest breaks.

Thanks to the digital devices that are supposed to make our lives a lot easier, distracted driving has gotten more commonplace. It’s understandable that a driver might use their smartphone while on a long drive, but doing so even just for a second or two is very risky — statistics show that distracted driving is a leading cause of semi-truck accidents.

Other common causes of semi-truck accidents include:

• Aggressive driving
• Bad road conditions
• Driving under the influence of alcohol or drugs
• Failure to properly inspect a truck
• Lack of maintenance
• Overloaded cargo
• Improperly loaded cargo

Regardless of the reason for the accident, though, fault needs to be established. Unfortunately, in truck crashes, this process can quickly become complicated.

Who Is at Fault When a Semi-Truck Crashes?

When an accident is caused by a semi-truck, a number of people could be at fault, including the driver, trucking company mechanics, and the company itself. All of these parties have a duty to safely operate and maintain these large vehicles.

Truck drivers who get behind the wheel while fatigued or under the influence of alcohol or drugs are negligent in this duty. Mechanics who skip routine inspections or downplay mechanical issues are not being responsible toward other drivers on the road. Trucking companies that don’t hold proper safety training for all their employees are putting lives at risk.

A semi-truck crash could also be caused by a defective part that was supplied by an auto parts manufacturer that didn’t have adequate quality controls in place. Our experienced Kansas semi-truck accident lawyers have seen how different parties can be at fault for a serious crash, and we understand how to identify the party or parties who are at fault.

Drivers and trucking companies will try to shift blame for an accident toward other drivers. They attempt to do this using many of the same tactics. These tactics include the following:

Destruction of Evidence

When it comes to proving who’s at fault for a crash, our Kansas semi-truck accident lawyers will use many different kinds of evidence, from driver’s logs to information from a truck’s “black box” data recorder.

In an attempt to minimize potential liability, trucking companies will regularly destroy driver’s logs and other information that can be used against them. Federal regulations make it mandatory for companies to keep logs and other important data for six months. After that, though, companies are free to destroy this information. Because of this, it is important to move quickly and secure any potential evidence before it can be destroyed.

Systemic Negligence in Recordkeeping

Drivers are under pressure to deliver their loads as quickly as possible, and this creates an incentive for drivers to neglect their recordkeeping responsibilities. Previous cases involving semi-truck accidents have revealed drivers falsifying their driving logs to incorrectly show that they took all of their mandatory break time. This dereliction of record-keeping duty isn’t just limited to drivers. Parts of the service industry that cater to truck drivers have been known to support poor record-keeping practices. For example, a truck stop might not print timestamps on its fuel receipts.

This type of negligence has been going on for years, and it is constantly evolving because of the pressures that drivers face. Our experienced Kansas semi-truck accident lawyers have seen many of these tricks in the past and they stay on top of the latest tactics to avoid responsibility. We also know where to look to prove a driver is at fault, such as cell phone records or ATM transactions.

Deflection of Blame

Multiple factors usually contribute to a semi-truck accident, and parties looking to avoid liability will typically point to any factor other than their own negligence. Determining the root cause of a truck accident can be difficult. Several legal investigators and expert witnesses might be needed to firmly place the blame where it belongs.

Create Costly Delays

Semi-truck accident victims often have limited resources to pursue a legal claim. Trucking companies know this, and one of the tactics they use to avoid liability is to drag out a case. The goal is to force the victims to either drop the case or settle for a fraction of what they could have won in court. Unfortunately, this can be a very effective tactic, especially in complex situations that require hiring multiple experts to prove liability. Victims can push back against this tactic by working with our Kansas semi-truck accident lawyers. We have significant experience and resources at our disposal.

First-Mover Advantage

Large trucking companies understand what’s at stake when an accident occurs. Many of them have a specific response team that goes to the scene to gather evidence and begin an investigation. This gives a company a significant advantage over victims who may take days or weeks to retain legal counsel and start their own investigation.

What Information Can a Truck’s Black Box Provide?

A semi-truck’s data recorder, commonly referred to as its “black box,” documents information while a truck is operational. The data recorder tracks many different performance indicators, including the truck speed, braking actions by the driver, and the amount of time it has been on the road. Because of the wealth of information that it retains, the black box can often indicate whether a driver was at fault for a crash.

However, a black box doesn’t tell a complete story. Often, photographic evidence is used to fill in the gaps. If you are in a semi-truck accident or you witness one and your health isn’t in immediate danger, taking photographs can help to prove who was at fault. It’s also possible to ask police if they can take photographs of the scene and include them in their report. An expert witness can use both black box data and photographs to create a complete picture of an accident and identify those liable.

If you have been in a semi-truck accident, it’s important to reach out to an attorney as quickly as possible. First responders are focused on addressing the immediate aftermath of a truck accident, including cleaning up debris and treating injured victims. This can mean important physical evidence gets destroyed. Witnesses to the accident will probably never forget it, but they may forget important details after just a few hours. On top of that, many trucking companies respond to an accident by sending a crew to the accident scene to collect evidence and take pictures.

Bretz Injury Law’s Kansas Semi-Truck Accident Lawyers Will Fight for Your Case

At Bretz Injury Law, our attorneys have extensive experience with truck accidents. We aren’t afraid to take on large corporations and investigate trucking companies. If you have been in a semi-truck accident or you lost a loved one in an accident, contact us today by calling 620-RESULTS to discuss your legal options.