Arkansas City Truck Accident Lawyer
Arkansas City Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Semi-Truck Drivers to Get Financial Compensation for Injury Victims.
Our Arkansas City 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 Arkansas City 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 know how to prove that the truck driver was negligent while simultaneously proving the trucking company negligently hired an unsafe driver. This allows us to find additional liability insurance coverage to pay for your injuries and losses.
Our Arkansas 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 Arkansas City had 224 motor vehicle crashes with 108 injuries and 1 fatality. Cowley County had 925 motor vehicle crashes with 297 injuries and 8 deaths.
Arkansas City is the home of a large meat processor known as Creekstone Farms. As a result of that meat packing plant, it has thousands of tractor-trailers and large refrigerated trucks traveling to and from the plant 365 days a year making it a dangerous area for cars and other smaller vehicles to drive.
ADM milling has a large milling facility there as well which brings in semi-trucks and large farm trucks further making the area hazardous for motorists. GE Aviation is located at Strother Field which draws tractor-trailers to transport aviation parts for aircraft. Several other manufacturers are located there like Newell Rubbermaid, Jet AirWerks, Kan-Pak, and many smaller manufacturing companies.
Our experienced Arkansas City 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 experienced Arkansas City truck crash attorneys help truck accident victims by:
- Investigate the critical facts that caused your accident to help place fault on the truck driver and motor carrier.
- File all necessary claims with insurance carriers for all at fault defendants.
- Use a team approach of skilled trucking attorneys, case managers and legal assistants who follow a proprietary method that maximizes your case value.
- Settle your property damage claims.
- File PIP claims with your insurance company to get immediate medical bill payment and wage loss reimbursement.
- File suit when necessary to litigate your case.
- Obtain all driver background history and safety history of the trucking company with FOIA requests to the FMCSA.
To get immediate help call TALG for a free consultation at 620-690-0600. You can write to us on our contact page. You never pay us unless you win and your initial call for legal advice is free.
What are The Dangerous Roads and Intersections in Arkansas City?
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 Arkansas City 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 Arkansas City is especially dangerous to cars, motor vehicles and pedestrians. - K-360 loop.
K-360 on the east side of Arkansas City 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 Arkansas City 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 Arkansas City, Kansas?
Yes, you need an Arkansas City Truck Accident attorney whenever you are in a car and semi-truck accident in Arkansas City, 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 Arkansas City 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 for Hiring Truck Drivers?
Motor carriers, trucking companies and delivery companies should follow minimum hiring standards on new hire truck drivers 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.
Mere possession of a CDL does not mean that the driver possesses safe driving skills. The FHA safety bulletin issued January 1997, Vol. 25, No. 1, required all motor carriers to ensure the driver is properly trained to operate that company’s trucks. Passing a minimal skills test does not properly qualify the driver.
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 Commercial Motor Vehicle Accident?
When a commercial motor vehicle has an accident the truck driver and employer of the truck driver are liable and when negligent 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 commercial motor vehicle 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 Arkansas City?
To find the best truck accident lawyer in Arkansas City 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 Arkansas City?
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).
Seven common causes of car and truck accidents 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 questions should I ask my Kansas Truck Accident Lawyer?
The main questions to ask your Kansas Truck Accident Lawyer are to inquire as to their past experience in trucking cases, their win rate, their knowledge of the FMCSR and CSA BASICS and what type of trucking library of textbooks and training manuals they have in the office. Ask to see the library.
What is a large or heavy truck?
A large or heavy truck generally refers to a truck that weighs more than 10,000 pounds and consists of a single axle truck or can be multiple axles puling a trailer. The FMCSA performs a study called the Large Truck Crash Causation Study or (LTCCS). This study looks at how to prevent large truck crashes resulting in injury or death.
Who usually is injured in a car-truck crash with heavy trucks, 18-wheelers, and tractor-trailers?
The National Safety Council (NSC) Injury Facts reported that 71% of people injured in large truck crashes were in the other vehicle while only 27.1% of the truck occupants were injured in 2021 large truck crashes.