Fighting Trucking Companies with Negligent Truck Drivers
Emporia, KS Truck Accident Lawyer
Emporia Car and Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Semi-Truck Drivers to Get Financial Compensation for Injury Victims.
Our Emporia car and 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 law firm has been helping injured Kansans since 1983, winning millions of dollars for car and truck accident victims.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. We have a dedicated truck accident injury team. Our focus and mission is to help the victims of truck drivers and motor carriers restore their life and get the maximum financial compensation for their trucking accident with a heavy/large truck or delivery driver.
📍 Emporia Truck Accident Guide
Financial Compensation
5 types of damages covered
Industrial Traffic
Hostess & grain elevators
Legal Expertise
FMCSR & case development
8 Complications
Why cases are complex
Time Limits
Kansas 2-year rule
Common Causes
10 accident factors
Injury Types
8 most common injuries
Who is at Fault
6 potential defendants
Best Lawyer
6 selection criteria
FAQs
3 common questions
Our Emporia car and truck accident injury attorneys help with everything. We get financial compensation for you for the following types of damages:
• Noneconomic damages
Noneconomic damages are pain and suffering, mental anguish, loss of enjoyment of life and disfigurement.
• Economic damages
Economic damages are for medical bills, lost wages, rehabilitation costs, future medical bills, future wage loss and all financial needs over your lifetime resulting from a semi-truck crash.
• Wrongful death
When a wrongful death occurs, we help get financial compensation for your losses and your loved one's conscious pain and suffering that existed from the time of the accident until their death.
• Funeral expenses
Funeral expenses includes the funeral services, gravesite services and headstones for a loved one.
• Vocational retraining
When a severe injury causes amputation, or inability to perform you normal employment we help with getting vocational training so that you can get into a new vocation.
The 2021 Kansas Traffic Crash Book reported that Emporia, Kansas had 483 motor vehicle crashes resulting in 145 injuries and 1 fatality. Lyon County had a much higher number of crashes with 944 motor vehicle crashes resulting in 249 injuries and 7 fatalities. Kansas had 90,045 motor vehicle crashes in 2021.
Emporia's Industrial Traffic
Emporia is in east-central Kansas. Hostess Brands has a large manufacturing plant there which creates constant tractor-trailer traffic in and out of Emporia. It has a diesel remanufacturing company that helps rebuild diesel engines in large semi-trucks and several pet food manufacturers including Simmons Pet Food, which creates significant tractor-trailer traffic into the area for shipping of the products.
Emporia and Lyon County have multiple grain elevators including AgChoice Emporia Grain and Feed, Miller Elevator, Hartford Elevator and other grain storage facilities. Similar to most of central and Western Kansas, farming and agriculture is a big industry. This causes significant semi-truck, grain truck and farming truck traffic which makes the area dangerous for cars and smaller motor vehicles.
Our experienced Emporia truck crash injury attorneys understand and apply the FMCSR to large truck crashes with smaller motor vehicles. Our skilled trucking lawyers help truck injury victims because of our knowledge of the CSA BASICs to prove the motor carrier has unsafe violations of federal regulations.
Our Lyon County injury lawyers use a proprietary case development method helping build semi-truck claims into much larger financial recoveries. Our law firm team helps:
• Investigation into the accident
Interview drivers and witnesses.
• Federal regulations analysis
Determine the crash history and violation rate of the federal regulations and CSA BASICs by obtaining the entire motor carrier profile file from the FMCSA.
• Management depositions
Conduct depositions of the entire motor carrier management team over safety violations relating to their safety plan of compliance following the OP-1 oath.
• Evidence preservation
Use spoliation letters to save driver's logs, the black box on the tractor-trailer and obtain maintenance and dispatch records as well as many other specific tasks related to the development of a proper tractor-trailer crash to analyze preventability.
• Background checks
Do background checks of the employment and criminal history of the truck driver.
We have a working relationships with doctors, physical therapists, surgery centers and hospitals so you can get quality medical treatment even when you have Medicaid or are uninsured.
Our trucking attorneys use manuals and textbooks that are routinely used to hire and train truck drivers, comply with the FMCSR and other federal and state regulations. This enables us to understand the same trucking industry standards of care that all motor carriers are required to follow to prevent large truck crashes, injuries and death.
Our Emporia truck crash attorneys always bring additional negligence claims against the employer of the truck driver for negligent hiring, supervision and training. This normally includes claims for failing to have a proper safety plan to comply with the federal regulations and the 7 categories of the CSA BASICs.
We obtain the black boxes from the truck or large motor vehicle to establish speed, braking, and other critical factors related to the truck driver's driving leading up to the moment of your car accident. This essential data can be destroyed or erased if not obtained immediately after your car and truck accident.
Our Emporia trucking attorneys provide their personal cell phone to every client so that you can focus on medical treatment and getting better. Very few personal injuries want to be bothered in their private time on their personal cell phones. Your case is important to us so we always make our lawyers available 7 days a week.
To hire a Lyon County trucking injury attorney 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. We have a track record of superb client settlement results.
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What are the 8 Reasons that make a Truck Accident So Complicated?
Car accidents involving tractor-trailers and other heavy/large trucks are complicated cases because of the regulations that apply to commercial motor vehicle carriers (CMV). There are several reasons why they become complex requiring an experienced truck accident injury attorney.
The 8 reasons that truck accident cases are complicated are:
• Multiple At-Fault Parties
Difficulty in identifying all the at fault parties to establish liability and obtain insurance coverage from multiple sources.
• Complex Claims Analysis
Tractor-trailer cases are not just about making a traffic violation claim against the truck driver. They include analyzing the background of the driver for negligent hiring. They also include evaluation the training and supervision of all truck drivers in the company.
• Federal Compliance Requirements
All commercial trucking companies must sign an oath and safety certification that they have an appropriate safety program that meets the minimum standards of the FMCSR under their OP-1 oath and very few comply with that oath. A majority of smaller and medium size motor carriers fail to comply with a majority of the requirements.
• Higher Insurance Policies
Insurance policies for trucking companies are much higher than an ordinary car insurance policy. The higher the level of insurance coverage the more the insurance company fights to not pay the entire coverage.
• Immediate Investigation
Trucking companies do immediate investigations of every injury crash. This is an immediate reaction. You must have an Emporia truck accident lawyer that immediately starts the same investigation for you.
• FOIA Requests
Motor carrier files must be obtained through FOIA requests to the FMCSA and this takes months to a year to obtain the complete file.
• CSA BASICs Knowledge
An experienced trucking injury lawyer will understand the 7 categories of the CSA BASICs and how to apply that to win your case. Ordinary lawyers may not even know what this is.
• Maintenance Records
Maintenance and repair records of the tractor-trailer must be obtained from the motor carrier.
What is the Statute of Limitations in Kansas for a Personal Injury?
When you have been involved in a car or truck accident in Kansas and have personal injuries, Kansas statute 60-513 places a time limit for filing a lawsuit which is two years from the date of your car-truck accident. Minors have a longer period of time that varies from case to case.
Truck injury victims need to understand that adjusters are taught to deceive the unrepresented clients who do not have a truck accident attorney and to lead them on to delay a case settlement. It is important to immediately hire a skilled trucking attorney within 24 hours of the accident. This ensures that your statute of limitations is not a problem.
What are The Dangerous Roads and Intersections in Emporia and Lyon County, Kansas?
Car and truck accidents with semi-trucks and heavy/large commercial motor vehicles (CMV) or delivery trucks have common factors that are studied by the FMCSA in large truck crash causation studies.
The common causes of truck accidents in Kansas are:
• Speeding and reckless driving
Speeding and reckless or erratic driving are major causes of large truck crashes.
• Inattentive driving
A majority of truck drivers causing car accidents are performing an activity that is unrelated to the task of safe driving and are inattentive drivers. This can include talking or texting on a cell phone, looking at computer screens for delivery instructions, paying attention to a pet or many other types of driver inattention.
• Fatigued driving over legal hours
Part 395 of the FMCSR requires that both the truck driver and the motor carrier must comply with the hours-of-service regulations. Fatigued truck drivers cause catastrophic accidents. Most truck drivers become fatigued from tight schedules requiring on-time delivery.
• Negligent hiring, training and supervision
Many truck accidents arise because the motor carrier fails to proper screen and road test drivers. Additionally, the motor carrier is responsible to properly train and supervise the drivers to prevent large truck crashes, injuries and fatalities.
• Following too closely
Following too closely is a common violation of drivers of commercial motor vehicles. Many multiple car collisions occur when a commercial truck driver is tired and runs into the back of multiple cars.
• Improper lane change
Part 383.51 of the FMCSR requires disqualification of drivers for a period of 60 days when they commit a serious violation like making improper lane changes or erratic traffic lane changes. Many fatigued truck drivers will drift back and forth between lanes where they can cross the center line killing the people in the oncoming vehicle.
• Drunk driving
Part 383.51 of the FMCSR requires that motor carriers disqualify truck drivers for drunk driving for a period of one year. Truck drivers are held to a higher standard and lower limits of alcohol concentration than regular motorists because of the high risk of causing an accident and fatality.
• Tight schedules
Tight driving schedules cause major heavy/large truck crashes by pushing the driver to exceed the maximum driving limits under fear of suspension and termination. Trucking companies are more concerned with on-time delivery and profit than with saving human lives.
• Overloading
Overloading of semi-trucks violates the FMCSR which has different weight limits based upon the number of axles in the semi-truck. Overloading results in rollovers and jackknife accidents. Jackknife accidents usually lead to the death of people in the smaller motor vehicles.
• Defective equipment
A significant number of large tractor-trailer accidents are a result of poorly maintained brakes and other safety equipment.
There are other causes of large truck and tractor-trailers accidents. To review the Top 20 Causes of semi-truck accidents, click here.
What are the 8 Most Common Types of Injuries Caused from Tractor-trailer Crashes?
Tractor-trailers have great weight and force sometimes weighing as much as 80,000 pounds. When they collide with a smaller motor vehicle, the occupants in the smaller motor vehicle are severely injured in most crashes.
The 8 most common types of injuries from tractor-trailer accidents are:
• Back and neck injuries
The force of the larger tractor-trailer will usually cause injury to the back or neck and spine causing damage to vertebrae, discs, ligaments and the lordotic curve of the spine.
• Head injuries and concussions
Head injuries resulting in concussions, traumatic brain injury, brain bleeds and fractured skulls are common. It is not necessary to have a brain bleed or fractured skull to have a traumatic brain injury.
• Broken bones
Broken bones can occur upon impact from striking objects in the car including side windows, windshields, dashes and steering wheels. The substantial force of the impact with a semi-truck can cause multiple fractures and compression to vertebrae in the spine.
• Shoulder and knee injuries
Shoulder and knee injuries include fractured bones in the shoulder, clavicle and humerus and can fractured the patella (kneecap). Ligaments, tendons and nerves can happen from the force of the injury. Brachial plexus nerve injuries can result from upper extremity injuries.
• Hip, femur and pelvis injuries
The likelihood of injury to your hip, pelvis, upper leg or femur often are injured with severe fractures that require surgery and stabilization making the injured victim unable to move for months.
• Wrongful death
Wrongful death. Tractor-trailer crashes with cars, pickups and motorcycles often result in wrongful death. There are multiple claims that can be brought including a wrongful death claim, survival and conscious pain and suffering claim and a claim for Wentling damages for certain types of damages that can be additionally added in wrongful death claims in Kansas.
• Loss of limbs
Semi-truck accidents with cars and pickups can easily lead to the loss of a limb where the limb is ultimately amputated. These injuries are extremely disabling and require prosthetics to carry out the normal tasks of living.
• Sprain, strain and whiplash
Whiplash injuries are where the body has a strain or sprain to the back, spine or neck and can include extremities like shoulders and hips. These types of injuries can take an extremely long time to heal. Older people are at a greater risk of permanent disability when they have whiplash injuries.
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Who is at Fault in a Trucking Accident?
There are many potential defendants who may be at fault for your injuries in a trucking accident. In almost all cases, the truck driver and their employer are usually liable under the legal doctrine of Respondeat Superior which is where a driver working in the course and scope of their employment makes their employer or hiring company at fault simultaneously.
Other companies that may be at fault are:
• The trucking company
The parent company of the motor carrier that collided with your vehicle can be held responsible and at fault in certain instances.
• Leasing companies
Leasing companies who provided the tractor or trailer to the motor carrier may be at fault depending on their knowledge of a known crash history of the motor carrier who caused your accident.
• Maintenance and repair companies
When a trucking company uses an outside business to maintain and repair their tractor-trailers and they have improperly repaired the semi-truck that hits you they can be at fault.
• Manufacturing companies
Brake and tire manufacturers or companies who provide safety parts to the tractor-trailer can be at fault when a defective part is provided to the motor carrier.
• Cargo loading companies
Outside companies who improperly load the trailer can be at fault for many different types of improper loading techniques which can cause the tractor-trailer to shift or cross lanes. Improper loading can cause the semi-truck to shift and rollover or have a jackknife accident.
• Brokers and shippers
Brokers and shippers who negligently select unsafe drivers and motor carriers to transport their cargo can be at fault.
How Do I Find the Best Tractor-trailer Lawyer in Emporia?
To find the best tractor-trailer lawyer in Emporia, you should seek out a lawyer with expertise in federal regulations and trucking cases. This requires that you speak to the potential lawyer about the following:
• Regulatory knowledge
The tractor-trailer attorney must be extremely knowledgeable about state and federal regulations like the FMCSR.
• Knowledge of CSA BASICs
A truly experienced tractor-trailer injury attorney will understand the CSA BASICs and how to apply them to negligence and fault of the motor carrier.
• Settlement history
The past settlement history and track record of winning million dollar plus tractor-trailer case is an important factor in hiring a trucking attorney.
• Truck industry manuals
An experienced tractor-trailer injury attorney will have specific trucking industry training and supervision books and manuals in their office. These include training books on the FMCSR. Training manuals for accident prevention are necessary. Training guidebooks for safety directors are used to question witnesses.
• Friendly and courteous staff
Truck injury victims should look for a tractor-trailer lawyer who has a friendly and helpful staff. They should readily provide the attorney's private cell phone to you.
• Trial expense reimbursement
Large truck litigation is very expensive due to the need to hire experts and perform accident reconstruction. Inquire as to their policy of seeking reimbursement for expenses if they do not win. There should be a policy of not being reimbursed if they cannot win your case.
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FAQs
Find answers to frequently asked questions about truck accident claims and legal procedures.
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.
Not all lawyers are licensed in all states.