Winfield Truck Accident Lawyer
Winfield Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Semi-Truck Drivers to Get Financial Compensation for Injury Victims
Our Winfield truck accident lawyers help fight trucking companies with negligent semi-truck drivers by getting financial compensation for truck injury victims that have had a truck accident involving a car, pickup, van or motorcycle. Our experienced Winfield personal injury attorneys have won millions of dollars for our Kansas injury clients since 1983.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. We help you the maximum financial compensation for severe injuries. We know how to prove that the truck driver was negligent while simultaneously proving the trucking company negligently hired an unsafe driver.
Our Winfield semi-truck injury attorneys build your case so you can receive the maximum financial compensation for pain and suffering, mental anguish, medical bills, lost wages, disability ad disfigurement and all types of economic and noneconomic damages that result from a severe injury with a tractor-trailer including wrongful death where your family member died because of a negligent truck driver.
The 2021 Kansas Traffic Crash Book reported that Winfield had 267 motor vehicle crashes with 56 injuries and 1 fatality. Cowley County had 925 motor vehicle crashes with 297 injuries and 8 deaths.
Winfield is a dangerous area for motorists due to the high number of semi-trucks carrying goods to GE Aviation Materials and Rubbermaid, two large manufacturing plants providing goods and products to businesses in Wichita and across the United States.
Our experienced Winfield personal injury trucking attorneys study the FMCSR which are federal regulations designed to minimize traffic crashes, injuries, and deaths. We use the CSA BASICs to prove the motor carrier has an unsafe safety compliance record.
Our Winfield truck crash attorneys have helped injury victims and Kansans since 1983. We use a proprietary case development system that enables our trucking attorneys to work together with your truck crash team using experienced trucking lawyers, case managers and legal assistants who work together to get you the maximum financial compensation. You always get your lawyer’s personal cell phone.
Our Winfield truck crash injury lawyers work for free until you win. Our results on semi-truck injury cases are excellent. This is because we immediately investigate the cause of your accident to prove fault of the truck driver. We investigate the scene of the accident, hire experts, find you the best medical doctors, file insurance claims and negotiate your case to a settlement.
Our knowledge of truck driver school teaching methods is one of our weapons we use to fight the trucking company. They are supposed to teach the truck drivers the FMCSR, test them over their comprehension of the federal rules, road test them, and make them follow a safety plan.
Most motor carriers fail to comply with their OP-1 oath. The oath requires a Safety Certification requiring the motor carrier to have a safety plan complying with federal regulations under the FMCSR. When they violate that oath, they act recklessly and can be sued for punitive damages to punish the trucking company.
Our knowledge of how the federal regulations apply to both the truck driver and trucking company as well as its safety officers, hiring officers, dispatch officers and other managers running the motor carrier allows our unique trucking crash attorneys to bring legal claims that increase your financial compensation for severe injuries.
We help start your Personal Injury Protection (PIP) benefits with your car insurance to help get wage loss and medical bills for treatment like ambulance rides, emergency room treatment, medication and other urgent car needed for severe injuries. Kansas no-fault law requires every car and motor vehicle in Kansas except motorcycles to carry PIP coverage.
To get immediate help call TALG for a free consultation at 620-690-0600. You can write to us on our contact page.
What are The Dangerous Roads and Intersections in Winfield?
Major highways connecting with intersections where semi-trucks and heavy/large trucks regularly present unique dangers to motorists and pedestrians.
The most dangerous roads and intersections in Winfield and Cowley County are:
- US-77 and US-160.
US-77 runs north-south and US-160 are two major trucking routes that are dangerous along each highway. The intersection of the two highways in the middle of Winfield is especially dangerous to cars, motor vehicles and pedestrians. - K-360 loop.
K-360 on the east side of Winfield is a favored route for semi-trucks driving to and from various Rubbermaid plants on East 12th Avenue so drivers need to be watchful for heavy trucking traffic. - US-77 and East 19th Avenue.
US-77 and East 19th Avenue is a primary route for large truck traffic going to and from GE Aviation Materials, making it a location to avoid when possible. - Main Street and 9th Avenue.
The intersection of Main Street and 9th Avenue is a primary intersection in the middle of town which makes it a high traffic area where caution is needed. - Main Street and 12th Avenue.
Main Street and 12th Avenue is a primary business route for east-west traffic making it a high traffic trucking route. - Main Street and 15th Avenue.
Main Street and 15th Avenue is a significant intersection in north Winfield making it another potentially dangerous area for motorists. - 9th Avenue and Millington Street.
9th Avenue and Millington Street is an intersection near Southwestern College making it a high student traffic area with younger less skilled drivers making it an area to use extra caution while driving.
Do I need a lawyer for a car-truck accident in Winfield, Kansas?
Yes, you need a Winfield Truck Accident attorney whenever you are in a car and semi-truck accident in Winfield, Kansas. There are many reasons why:
- Tractor-trailer accidents cause severe injury and death.
The insurance carrier will investigate the accident within an hour of the crash and be at the scene with their lawyers, insurance adjusters and investigators to shift blame away from them. As a trucking injury victim, you need an experienced truck accident attorney immediately after your accident. - A truck crash attorney will protect you by investigating, filing insurance claims, taking statements of witnesses and help you find the best medical doctors.
- A semi-truck injury lawyer will increase the value of your claim for financial compensation for all your injuries and damages.
- Injury victims who represent themselves are often given much less than an injury victim with an experienced truck crash attorney.
- True truck accident lawyers charge nothing up front and you only pay if you win.
What are the Most Common Types of Injuries with Tractor-trailers in Winfield and Cowley County.
Tractor-trailers are large, massive and heavy which means that upon impact they have great force which normally causes severe life threatening injuries or wrongful death.
For minor collisions, the common types of injuries arising from a tractor-trailer crash are:
- Whiplash, strains and sprains.
Injury to the neck and back is common in car crashes with tractor-trailers because the human body is thrown back and forth and causes damages to the lordotic curve in the spine and strains and sprains tendons, ligaments and muscles. - Broken Bones.
Broken bones can occur upon impact from striking objects in the car including side windows, windshields, dashes and steering wheels. - Concussions and Head Injuries.
Concussions and head injuries can happen easily when you have rear end collisions or front-end collisions because the brain is thrown back and forth hitting the inside of the skull which can damage axons in the brain which are small nerves.
For moderate and severe collisions, the common types of injuries arising from a tractor trailer crash are:
- Broken bones.
Broken bones in the neck and back, arms, legs and hips occur frequently with semi-truck accidents. The more serious injuries are comminuted fractures and severe injuries where the bones sticks through your skin requiring surgery and external fixation devices to stabilize your fractured bones. - Spinal Cord injuries.
Spinal cord injuries often arise from severe bone fractures to the spine with require surgery to stabilize you while healing and many require rigid neck and back braces be worn for months following your accident. - Traumatic Brain Injuries.
Traumatic brain injuries (TBI) occur frequently due to the great force and impact that an 80,000-pound tractor-trailer causes when it strikes your vehicle causing your brain to be thrown about where you can hit windows, windshields, steering wheels and other objects in your vehicle. - Paralysis.
Paralysis arises from fractured bones and severed nerves. This can lead to quadriplegia and tetraplegia which is close to complete paralysis or only lower body level paralysis. All these conditions change your life forever and result in substantial medical bills that sometimes exceed one million dollars. - Amputations.
Amputations occur when a limb is ripped off or you develop cuts and abrasions which become infected and develop into gangrene where the doctors slowly debride you by removing sections of your limb at a time to prevent gangrene and sepsis from leading to death. - Wrongful death.
Semi-truck accidents annually kill thousands of drivers and passengers. In 2021, 5,788 people were killed in trucking crashes which was a 17 percent increase from 2020 according to CrashStats NHTSA.
What are Driver Qualification Standards?
Motor carriers, trucking companies and delivery companies should follow minimum hiring standards to ensure that the drivers they hire have a commercial driver’s license (CDL). This includes performing background checks on new hires, properly training them in the safe operation of the types of trucks or motor vehicles they drive for the company and monitoring maximum hours-of-service rules.
Driver qualification standards require that the hiring employer ensure the drivers are medically qualified to drive and are not using alcohol or other illegal substances.
Part 391 of the FMCSR requires that CMV drivers meet the minimum requirements in Part 391.
Part 391.11 of the FMCSR requires that the driver must:
- Be at least 21 years of age.
- Speak and read English satisfactorily.
- Understand traffic signals.
- Be able to respond to official questions.
- Be able to make legible entries in reports and records.
- Be able to drive safely.
- Be physically qualified to perform the duties of the job.
- Have only one CDL.
- Pass a driver’s road tests on safe driving skills.
Who is Liable for a Semi-truck Accident?
Semi-truck accidents make the truck driver and employer of the truck driver liable where they can be legally responsible for your injuries. This is because a trucking company or other employer of a truck or delivery driver is typically vicariously liable for the negligence of their truck driver when driving in the course and scope of employment.
Other parties can be at fault for a semi-truck accident like:
- Dispatch service companies helping monitor hours-of-service for truck drivers.
- Loading companies who improperly load trailers causing them to shift or rollover due to weight transfer and overloading.
- Brokers and shippers who negligently select unsafe truck drivers and motor carriers.
- Outside maintenance companies who negligently repair and maintain tractor-trailers.
- Manufacturers of tires, braking systems and other mechanical parts of tractor-trailers.
How Do I Find the Best Truck Accident Lawyer in Winfield?
To find the best truck accident lawyer in Winfield there are several things to look for:
- Settlement History Results.
Ask the trucking attorney about actual settlements for truck accident victims. The lawyer should be able to recite several million dollar plus settlements and provide general facts about each case. - Courtroom experience.
Inquire about deposition and trial history of the lawyer. - Knowledge of federal regulations.
Ask the lawyer to explain the FMCSR and the purpose of the CSA BASICs to you. If they cannot recite this off the top of their head then walk out of the office quickly. - Familiar with Kansas rules, regulations and statutes related to large trucks and semi-trucks.
Ask the attorney what legal rules and laws apply to large truck accidents in Kansas to see if they have a true understanding of how to apply laws and regulations to a truck accident case. - Client online reviews.
Look at online reviews for satisfied clients to see if past clients gave the law firm 5-star reviews. - Library of books and training manuals for the trucking industry.
Ask the lawyer to show you their library for trucking cases. This should include copies of the FMCSR, Driver training manuals, CDL Manuals, Fleet safety manuals, JJ Keller & Company manuals for the trucking industry and other authoritative books and manuals regularly used by motor carriers.
What are The Common Causes of Car and Truck Accidents in Winfield?
Semi-trucks and heavy/large trucks that collide with cars and smaller motor vehicles usually cause significant property damage and severe injuries because of the size and weight of these commercial motor vehicles (CMV).
The common causes of car and truck accidents in Winfield are:
- Driver Fatigue.
Driver fatigue is a significant accident cause. Lack of sleep is a primary reason for driver fatigue. Other factors causing fatigue are the time of day the driver is working, length of driving hours and whether they are over the maximum hours-of-service rules of service. 13% of truck drivers are fatigued at the time of the crash. - On-time Delivery.
Work requirements like requiring drivers to make on-time deliveries are another major cause of tractor-trailer crashes. Dominoes, Pizza Hut and many food delivery services require delivery in a limited period of time. Late drivers are punished by warnings, suspension, and termination. - Nighttime driving.
Nighttime driving is inherently dangerous according to the DOT and Federal Highway Administration. This is because at least half of traffic fatalities occur at nighttime. - Drunk driving and intoxicated driving.
Drunk driving and drugged driving is subject to Part 382.301 which requires pre-employment testing for controlled substances on alcohol and drug testing prior to allowing the driver to operate a truck on behalf of the company. Part 382.303 requires post-accident testing as soon as practicable following an accident with a CMV if the driver was performing a safety-sensitive function and the accident led to loss of life, a vehicle was towed or the driver received a citation within 8 hours of the accident. - Distracted driving and texting.
Distracted driving has been studied in depth by the Federal Motor Carrier Safety Administration (FMCSA). FMCSA report No. 09-042 This study found that truck drivers engaged in non-driving tasks related to driving in 71 percent of the time in large truck crashes.The FMCSA addresses distracted driving for CMV drives advising that drivers should not text, dial a handheld phone, use a dispatching device or read or write while driving. - Following too closely.
Following too closely is a significant cause of tractor-trailers accidents. The LTCCS reported that 5 percent of truck crashes occur when the truck driver is following another motor vehicle too closely. - Speeding too fast for conditions.
The LTCCS found that 23 percent of all large truck crashes occurred when the commercial motor vehicle drivers were traveling too fast for the existing traffic conditions. Examples of these conditions include, rain and wet roads, fog with reduced visibility, smoke, snow, ice, uneven roads, construction zones, intersections, gravel roads and heavy traffic conditions. - There are other causes of large truck and tractor-trailers accidents.
To review the Top 20 Causes of semi-truck accidents, click here.
Frequently Asked Questions
What is a preventable accident?
A preventable accident is any accident with a large truck or car where a driver failed to act with reasonable care and caused an accident.
When does high wind require semi-trucks to not drive?
Part 392.14 of the FMCSR requires the truck driver to cease operation when it is sufficiently dangerous. High winds at 40-50 mph make it dangerous for any semi-truck or other large truck to drive safely. Cross winds at this speed will blow the tractor-trailer across the roadway and can cause the trailer to rollover.
When is a tractor-trailer too heavy?
The FMCSA generally sets a maximum weight limit for commercial motor vehicles is 80,000 pounds including the tractor, trailer and cargo. There are some exceptions to this rule but it is a useful guide for most tractor-trailers and semis.
Contact Winfield City Office
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.