Ellsworth Truck Accident Attorney
Ellsworth Truck Accident Lawyer Fighting Trucking Companies with Negligent Truck Drivers who Cause Car Accidents.
Our Ellsworth truck accident lawyers help fight trucking companies with negligent truck drivers who cause car accidents, motorcycle accidents and pedestrian injuries. We get financial compensation after a car accident with a tractor-trailer or big rig accident that results in injury.
Our Ellsworth truck accident attorneys have experience over four decades with taking on trucking companies and insurance carriers for motor carriers. We use proprietary case development methods that help us prove negligence and fault of truck drivers and motor carriers. Our method helps obtain admissions against interest by truck drives and safety management personnel.
We have a track record of great settlement results having settled hundreds of millions of dollars in cases for Kansans. We never charge a legal fee or expenses unless we win.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys® Our offices are in Wichita and Garden City. We will drive to your home or hospital room. Our office in Wichita is at 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is at 3102 E. Kansas Avenue, #100, Garden City, KS 67846.
We help car and truck injury victims who were injured by large trucks get financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, disability, past and future medical bills, past and future wage, and economic loss and for wrongful death when an injured loved one passes from a truck crash.
The 2021 Kansas Traffic Crash Book reported that Ellsworth had 46 motor vehicle crashes resulting in 12 injuries. Ellsworth County had 228 car accident and motor vehicle crashes with 58 injuries and five fatalities.
Ellsworth and most of western Kansas have hundreds of oil companies operating oil industry trucks. Ellsworth has at least 177 different oil companies drilling oil and gas wells or pumping oil and gas which creates substantial oil field service truck routes making the entire county dangerous to motorists.
Our trucking accident attorneys are experienced in federal and state regulations like the FMCSR and CSA BASICs. We use the regulations to establish that the trucking company has failed to follow their federally required safety plan.
If you have a car accident, motorcycle accident or pedestrian accident with a semi-truck, big rig, or other large truck we provide a free consultation by calling us at 785-708-0800 365 days a year, even on holidays. You can also write to us on our contact page.
What are the Seven Common Causes of Semi-truck Accidents?
Semi-truck accidents do not usually occur absent driver distraction and truck driver error from failing to pay attention to the task of professional truck driving.
Seven common causes of semi-truck accidents are:
- Fatigued driving.
Part 392.3 of the FMCSR requires that truck drivers may not operate and a motor carrier shall not require drivers to operate when they are too tired or sick. Unfortunately, many motor carriers require their drivers to make their deliveries on time which pushes truck drivers beyond safe driving limits. - Driver distraction and error.
Driver distraction and driver error are a leading cause of -oil tanker truck accidents. The FMCSA published distraction reasons from their 2018 Crash Facts. The most important distractions are:
• Distracted by outside person.
• Talking or listening to cell phone.
• Using or reaching for a device.
• Adjusting audio and climate controls.
• Looked but did not see. - Blind spots in semi-trucks.
While all semi-trucks have blind spots most drivers of cars and passenger vehicles are unaware of the location of the blind spots. Two of the worst blind spots are where a car or pickup is immediately beside the trailer being pulled by the tractor. Truck drivers do not see passenger vehicles in these areas and routinely make abrupt lane changes into the smaller vehicle causing serious crashes. - Improper and insufficient driver training.
The motor carrier industry has a high turnover rate of new hire truck drivers. Sometimes as high as 150% per year. Because new hires are known to be potentially unsafe, it requires using sophisticated driver training programs to train drivers on hazard perception techniques and on defensive driving techniques. - Bad weather driving.
Part 392.14 requires truck drivers to slow down and when weather conditions become sufficiently dangerous, they must stop operation of the tractor-trailer. Many truck drivers under time pressure for deliveries continue driving when dangerous conditions exist. When they refuse to slow down or stop, they are more than negligent, they become reckless. - Drunk driving.
Truck drivers must have a lower alcohol concentration than regular passenger cars. Part 383.5 requires disqualification of a truck driver from driving when they are convicted of driving with a blood alcohol concentration over .04 percent. - Brake Defects. Brakes must be routinely maintained and replaced. Sometimes manufacturers create product defects and issue recall notices. Since most trucking accidents are related to driver error and distraction it is clear that when brakes do not work, the tractor-trailers take longer to stop, making them even more dangerous.
How Much Liability Insurance are Motor Carriers Required to Carry when they are a For-Hire Motor Carrier?
The Federal Motor Carrier Safety Administration (FMCSA) enforces the FMCSR and Part 387.9 requires minimum levels of financial responsibility of $750,000.00 with for-hire motor carriers traveling in interstate or foreign commerce when they have a gross vehicle weight rating (GVWR) of 10,001 pounds or more.
What are 6 Common Injuries Caused by Big rigs?
Big rigs are heavy commercial motor vehicles that weigh 20-30 times more than passenger cars making them inherently dangerous to all drivers in cars and pickups.
Six Common injuries caused by big rigs are:
- Shoulder injuries.
Shoulder injuries are caused by the force of crush injuries from the big rig hitting the smaller passenger car transferring massive force throughout the passenger car traveling into the extremities. Shoulder injuries are common because the occupants anticipate the accident and try to brace themselves. These accidents cause injuries to the humerus, clavicle, rotator cuff and tendons. - Back and Neck Injuries.
Back and neck injuries are common injuries resulting from car-truck crashes because the neck and spine cannot withstand significant forces caused by big rigs. These injuries can damage the lordotic curve of the spine and may require surgical treatment through epidurals, radiofrequency ablations, discectomy, laminectomy, fusion, and instrumentation to keep vertebrae strong. - Head Injuries and Traumatic Brain Injuries.
Shifting acceleration and deceleration forces occur when a car and cargo tanker truck or oil field industry service truck collide. Many of these accidents are rollover or jackknife accidents or head-on crashes from distracted drivers and result in concussions, brain bleeds, skull fractures, traumatic brain injuries (TBIs) and long term disability. - Burn injuries from fire due to explosion.
Tractor-trailers and cargo tanker trucks can explode or catch on fire when they collide with other large vehicles or hit bridges that make the gas tanks explode. This results in the truck driver burning alive being consumed by fire and is one of the worst types of injuries that large truck accidents can have. - Hip, pelvis, and femur fractures.
The area of the body where the hip and pelvis join to the legs is vulnerable to stress fractures and more substantial injuries like comminuted fractures to any of these three bones. Femurs often have the head break off from the force of the big rig crash into smaller cars and pickups. - Wrongful death.
Wrongful death can happen easily after a car-truck crash because of the powerful force of the heavier truck. Death may come rapidly or over weeks or months. When a loved one lives after the accident for any period of time, they also have a Survival Claim for conscious pain and suffering.
For other common types of injuries click here.
What Types of Financial Compensation Can I Collect After a Car Accident with a Big rig truck?
If you have had a car accident with a big rig truck there are several types of financial compensation you can collect when the truck driver is negligent and at fault: The types of financial compensation and damages you can collect are:
- Noneconomic damages for pain and suffering.
Noneconomic damages are for subjective and nonmonetary losses like pain and suffering, mental anguish, loss of enjoyment of life and disfigurement, inconvenience, emotional distress, loss of society and companionship along with other similar types of losses. These damages typically have no mathematical calculation and are assessed by an adjuster, jury, or court. - Economic damages.
Economic damages are for actual financial damages that are a direct result of a negligent truck driver or motor carrier causing harm and injury to a person for medical bills, lost wages, rehabilitation costs, future medical bills, future wage loss and future medical needs. These damages can be calculated by using experts like medical doctors, economists, lifecare experts and nursing experts. - Wrongful death.
Wrongful death damages are financial damages meant to compensate the family for lost financial support, suffering and loss of services, guidance, and counseling. This can include a survival claim for the conscious pain and suffering. It includes funeral expenses and many other types of losses from your loved one dying. - Punitive damages.
Punitive damages are known as exemplary damages and are awarded by a court to punish a defendant for reckless, wanton, and willful acts causing harm to another person. They serve to punish and remind others that they should not engage in similar reckless conduct.
How Long is the Statute of Limitations in Kansas for a Car Accident with a Big rig?
If you have a car accident with a big rig the statute of limitation is only two year statute of limitations under Kansas statute 60-513. Minors have a longer period of time depending upon their age.
What are The Dangerous Roads and Intersections in Ellsworth and Ellsworth County?
Ellsworth is in Ellsworth County in Central Kansas to the northwest of Wichita and is a rural area commonly traveled by grain trucks, farming vehicles and oil and gas service and pumping trucks. Any heavy/large truck can be extremely dangerous to smaller passenger cars and vehicles.
The most dangerous roads and intersections in Ellsworth and Ellsworth County are:
- Old US-40 highway.
Old US-40 runs through the northern part of Ellsworth and is called US-140 to the east. The highway intersects with K-14 and US-156 highways. The intersections can be unusually dangerous. - US-70 interstate highway.
US-70 interstate is just north of Ellsworth County and intersects with both US-156 and K-14 providing for high trucking traffic and danger to cars and pickups traveling in and out of Ellsworth. - K-156 highway.
K-156 highway connects from the I-70 interstate and then travels diagonally southwest through Claflin, Great Bend, Larned and overlaps with US-56 in areas. The entire area is a route for cattle haulers and farming trucks.
What is the Best Type of Personal Injury Attorney to Hire for a Big rig Accident with a Car?
The best type of personal injury trucking attorney to hire for a big rig accident with a car is a lawyer who is knowledgeable about trucking regulations and has handled a substantial number of trucking accidents with a win record that includes million dollar plus settlements.
Frequently Asked Questions
Does a CDL mean a truck driver is properly qualified to drive safely?
The possession of a Commercial Driver’s License (CDL) does not man that the truck driver is trained or experienced. The “On Guard” bulletin from the Federal Highway Administration published in January of 1997 made it clear to motor carriers that passing a minimal knowledge test does not make the driver qualified to safely operate a CMV.
Does a dispatcher in a motor carrier need to reroute truck drivers when bad weather conditions are known?
A dispatcher is required by trucking industry standards of care to evaluate weather conditions and notify the truck driver they are approaching dangerous weather conditions and reroute them when condition are not sufficiently dangerous. Once weather conditions, visibility and traction become sufficiently dangerous, the dispatcher must order the truck drivers to cease operations.
What is a corrective plan for a commercial motor carrier?
When a motor carrier receives a Safety Audit Failure Letter from the FMCSA, they are required to produce a corrective plan. The corrective plan should analyze the root cause of the failure and propose a plan to correct the failure to prevent a future reoccurrence. It must be in writing and sent to the FMCSA within 15 days.