Hays Truck Accident Lawyer

Hays Car and Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Semi-Truck Drivers to Get Financial Compensation for Injury Victims.

Our Hays 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.

Our Hays car and truck accident injury attorneys help with everything. We get financial compensation for you for the following types of damages:

Property damages.
Property damage to a smaller vehicle can be damaged to the point that it is no longer drivable and has to be totaled.
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.
Wentling Damages.
Wentling damages are a different type of damage that allows a jury to award additional money damages to a family member in a death case where we can show that by the death your loved one, you have an economic loss for services, guidance and counseling.
Funeral expenses.
Funeral expenses includes the funeral services, gravesite services and headstones for a loved one.
Punitive damages.
Punitive damages are known as exemplary damages and they are awarded when a defendant has harmed someone through reckless disregard of human life or has willfully, intentionally or maliciously harmed another person. Their purpose is to deter other people from similar bad conduct.
Vocational retraining.
When a severe injury causes amputation, or inability to perform your normal employment, we help with getting vocational training so that you can get into a new vocation.
Prosthetics.
Prosthetics are manmade devices that help restore function to injury victims who have lost a limb or a part of a limb and can be of the older type of prosthetic that does not move or the more current sophisticated electronically controlled prosthetics with a computer helping simulate normal function.

The 2021 Kansas Traffic Crash Book reported that Hays, Kansas had 425 motor vehicle crashes resulting in 89 injuries. Lyon County had a much higher number of crashes with 704 motor vehicle crashes resulting in 155 injuries and 3 fatalities.

Hays has several large manufacturers like Enersys, Amphenol Adronics, Inc., Hess Services, Inc., Cross Manufacturing, High Plains Machine Works, Agiliti Manufacturing and others. These manufacturing companies use tractor-trailers and heavy/large trucks to ship and transport products they sell. Major highways like I-70 and US-183 provide easy trucking routes which run though Hays, Kansas making the entire area dangerous.

Farming and agriculture are a substantial industry in Hay and Ellis County, Kansas with ADM Elevator, Midland Marketing Co-op and other grain storage facilities. The grain elevators mean that there are a substantial number of semi-trucks, grain trucks and other large farming trucks that travel throughout Ellis County. All the large trucks bring danger to cars and smaller motor vehicles.

Our Hays trucking injury attorneys are specially trained to use the FMCSR CSA BASICs to prove the dangerous tendencies of the trucking industry. The 7 categories of the CSA BASICs help our personal injury lawyers evaluate the crash history and safety record of the motor carrier.

Our Ellis County trucking attorneys have 10 methods of investigating and proving fault and liability of the truck driver and motor carrier that employs them. These 10 methods are only a small part of our case development system.

The 10 proprietary methods our personal injury semi-truck lawyers and truck crash team use are:

Investigation into the accident with accident reconstruction experts, mapping tools and recreating methods.
We have developed a unique set of specific questions for drivers, witnesses, law enforcement, safety directors and hiring personnel from the trucking company.
We use very specific lengthy spoliation letters to the motor carriers and insurers to try and prevent destruction of key critical evidence necessary to prove their negligence and fault.
We use a unique FOIA request to obtain the entire motor carrier file from the FMCSA including monthly safety records, audit and fine history for prior violations of the FMCSR and request much more to assist our safety experts in building your case.
Use a specific lengthy question manual to ensure that when we take depositions of the safety director, operations manager, hiring manager, risk management director and other key safety employees which helps obtain admissions against the motor carrier for failure to comply with the FMCSR.
Use the OP-1 oath and safety certification in a manner that will clearly prove the company did not abide by their oath and carry out the full safety plan required by the DOT and federal regulations.
Obtain black boxes and maintenance records in order to prove the truck driver caused the accident by illegal driving and/or unsafe driving due to poorly maintained motor vehicles.
Analyze preventability of the accident by studying past truck crash incidents of the motor carrier.
Use our proprietary library of trucking industry books, training manuals and safety director educational books that all managers are supposed to understand and use. This helps us establish the negligence of the entire trucking company by proving their lack of understanding of federally required minimum standards of safety.
The use of very specific lawsuits that have more than 10 different areas of negligence claims against the driver and their trucking company.

Our law firm truck crash teams works together to obtain all necessary evidence that helps prove a stronger claim for the maximum financial compensation that can be obtained given the insurance coverage of all defendants.

Write us on out contact page or call us night or day for a free consultation at 785-708-0800. We have consistently excellent results on semi-truck accident cases with many in the million dollar and above range of settlement. Our policy is that we win your case or our legal representation costs you nothing.

Why are Truck Accident Cases So Complicated?

Truck accident cases are complicated because there can be multiple parties who share in fault which makes identifying all potential defendants a major task for the trucking attorney.

Other reasons why trucking cases are complicated are:

Background checks of driver and motor carrier.
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 of the crash and safety history of the trucking company.
Understanding the OP-1 Safety Certification.
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.
Evaluation of insurance coverage.
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. Locating all available insurance is a major task because many companies hide excess and umbrella insurance policies.
Scene investigation is critical.
Trucking companies do immediate investigations of every injury crash. Their adjusters, attorneys and investigators all meet at the scene to find evidence to shift fault away from the motor carrier. Your trucking attorney needs to have access to the same critical evidence before it disappears within a few days of the accident.
Motor carrier safety profile.
Motor carrier files must be obtained through FOIA requests to the FMCSA and this takes months to a year to obtain the complete file. While some of the company information is available publicly online, the really critical evidence to prove a case can only be obtained through FOIA requests to the FMCSA.
Understanding the CSA BASICs.
An experienced trucking injury lawyer will understand the 7 categories of the CSA BASICS and how to apply that to win your case. This will normally require obtaining the complete motor carrier file from the DOT and is extremely time consuming to get the entire file.
Evaluating Driver logs and trip records.
Driver logs do not tell the true story. An experience truck accident attorney will obtain copies of trip documents like fueling receipts, toll booth receipts, weight station records, GPS tracking devices and Bills of Lading. The study of trip documents will prove the actual route, time and mileage of the driver’s true full route.

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.

Statutes of limitation stop an injury victim from pursuing a legal claim for their damages. Many insurance companies try to keep you away from a trucking attorney so they can delay the case out. Many lawyers will not take on a semi-truck accident when it is close to the statute of limitations because necessary evidence has been lost.

What are The Dangerous Roads and Intersections in Hays and Ellis County, Kansas?

Hays, Kansas is at the intersection of two main US highways that are primary truck routes that carry truck drivers and tractor-trailers both east-west and north-south. Because of its location there are frequent car-truck crashes in Hays and Ellis County.

The most dangerous roads and intersections in Hays and Lyon County are:

I-70 Interstate Highway.
I-70 is one of the main truck routes from east to west across the United States. It is 2,381 miles of interstate highway connecting Baltimore, Maryland to Cove Fort, Utah. It intersects with US-183 in Hays. This makes the intersection dangerous to all motorists.
US-183 highway.
US-183 is a north-south highway favored by truck drivers. This highway begins in Presho, North Dakota running south through Hays and then on to Refugio, Texas near the Mexico border. This means a tremendous number of cattle haulers use this route making it dangerous to all smaller motor vehicles.
Old Highway 40.
Old highway 40 runs along the southern part of Hays and goes east-west. It becomes East 8th Street in the city. It intersects with US-183 making that a dangerous location for autos and pickups.
Vine Street.
Vine street is US 183 and runs north-south in the city. The areas where it intersects with East 8th Street, E. 10th Street, East 13th Street and other intersections present dangerous intersections for trucking traffic.
Feedlot Road and 210th Avenue.
The area of Feedlot Road and 210th Avenue are near the Hays Feedlot Scale and Pertl Ranch Feeders making this area filled with cattle-haulers dropping and picking up cattle from feed lots making the entire area dangerous to motorists.

What are the Main Reasons to Hire a truck Accident Attorney?

The main reasons to hire a truck accident lawyer have several different reasons. They are:

Unrepresented truck injury victims do not understand the way that insurance companies evaluate injuries and damages. It is much more complicated than most people realize. In order to get a fair settlement an experienced semi-truck lawyer is necessary.
Identifying all at fault parties who may owe a duty to the injured person is difficult to evaluate without a knowledgeable trucking attorney.
The black boxes known as ECM Modules must be accessed and interpreted from the truck in order to establish speed, braking and critical maneuvers of the truck driver prior to the crash. Insurance companies will not share this critical evidence with an unrepresented client. The information can be erased or written over so it must be obtained immediately after the accident.
Truck accident attorneys have a very different knowledge base than regular personal injury lawyers because it requires the study of federal regulations and laws. This includes the FMCSR and interpreting guidelines that all commercial motor vehicles and motor carries must follow.
Comparative fault of all drivers and companies involved in the truck crash has to be evaluated and is very difficult to accurately assess without a skilled semi-truck injury attorney. Unrepresented victims are not normally capable of understanding comparative fault laws and how they can cause a case to be lost or a verdict reduced by the comparative of fault of the injured driver.
Truck crash attorneys will be connected to the best doctors to help the injury victim get necessary medical care, even where the person has no health insurance. This helps truck accident victims receive higher financial compensation.
Trucking injury attorneys will bring Personal Injury Protection (PIP) claims for medical and wage loss, negotiate with the insurance companies and increase the amount of your settlement. They file necessary claims to get all insurance companies in a position to pay for your medical bills and wage loss.
Insurance companies for commercial motor carriers evaluate a personal injury claim by assessing which trucking lawyer you hired. When you hire a lawyer that rarely files a lawsuit against motor carriers, the insurance company knows that you do not have a truly skilled trucking attorney and they reduce the evaluation of your case.

What are the 11 Main Types of Injuries Caused by Truck Accidents?

Truck accidents cause a variety of different types of injuries based upon speed, weight, and size disparity between the heavy semi-trucks and smaller cars and other motor vehicles.

Whiplash and neck injuries.
Sudden acceleration or deceleration upon impact shakes the body back and forth and can cause the curvature of the spine to lose its normal lordotic curve. When this happens the abnormal lordotic curve will cause the area in the spine nearby start to pull ligaments and tendons to get the normal alignment which is painful and causes strains, sprains and muscle spasms.
Back injuries.
When a heavier semi-truck or other large truck strikes the smaller motor vehicle it can cause damage to the back including, vertebrae, discs and ligaments. Many back injuries require epidurals, physical therapy, surgeries and radiofrequency ablations.
Head Injuries.
Truck accidents can cause head injuries from a brain bleed or fractured skull to concussions and traumatic brain injuries.
Spinal Cord Injuries.
Spinal cord injuries often lead to paralysis of part or all of the body and are life disabling creating a need for medical care over an entire lifetime.
Fractures and Broken Bones.
The force of the impact with a large truck can cause broken bones and fractures to your extremities like shoulders, hips, arms, hips, knees, and elbows. It can also cause severe fractures to the pelvis in the lower extremity or the humerus and clavicle in the shoulders.
Internal injuries.
Forceful impacts can cause internal bleeding and, in many cases, require the removal of organs like spleens. These are life threatening injuries.
Disfiguring injuries.
The traumatic force of the impact with a large truck can result in cuts and scars across the face and body and leave permanent scarring and disfigurement.
Burn Injuries.
Burn injuries happen when the truck and another motor vehicle collide and a fuel tank ignites. When this happens, the occupants are likely to be burned alive and present horrific cases.
Psychological Injuries.
Large truck crashes are scary and many people end up with long term mental anguish, post-traumatic stress disorder (PTSD), anxiety and depression from ongoing nightmares and pain.
Amputation injuries.
Semi-truck crashes can result in the loss of a limb from a finger to an entire leg or arm. All create a lifelong need for prosthetics and medical care.
Wrongful Death.
Internal injuries, fractures, infection and injuries from the force of the impact from a large truck can result in death to the occupants creating a tremendous loss to the remaining family members and spouse.

Who is at Fault in a Trucking Accident?

Determining fault or liability in a trucking accident is a difficult and confusing task to lawyers and requires a highly experienced truck accident attorney to identify all potential persons and businesses who may be at fault.

The most common responsible at-fault parties include:

The truck driver and co-driver.
When a truck driver drives too many hours, they become tired and distracted. Co-drivers allow the two truck drivers to drive even longer hours thereby increasing the potential for a truck crash. Fault can be established in a number of different manners, most usually for failing to obey motor vehicle laws and not following the FMCSR.
The trucking company.
The trucking company can be at fault where they failed to hire a safe driver or negligently trained, supervised and monitored the truck driver pushing them to violate the federal regulations known as the FMCSR.
The parent company.
When a larger trucking company or parent company contracts with unsafe motor carriers to delivery their shipments they can become at fault and liable.
Leasing companies.
Leasing companies who provided the tractor or trailer to the motor carrier may be at fault depending upon 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 Truck Lawyer in Hays?

To find the best tractor-trailer lawyer in Hays, 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.
Understanding how to obtain the motor carrier file.
Defense attorneys and insurance companies do not simply hand over their hiring, training and safety files. The lawyer must obtain the files from the DOT and FMCSA through FOIA requests and subpoenas.
Settlement History.
The past settlement history and track record of winning million dollar plus tractor-trailer cases 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.
Skilled in trucking depositions.
There is a primary difference between car accident attorneys and trucking crash lawyers. The main difference is that the trucking crash lawyer will use a type of questioning system designed to go through their audit history, hiring programs, training programs, regulatory compliance and understand that most trucking companies do not have a proper safety compliance program.
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.
Fees charged.
Truck accident lawyers are dealing with cases that have policies of one million dollars and more with some reaching more than 50 million dollars in excess coverage. The higher limits means the insurance company fights harder than a normal car accident. The attorney must have a fair fee schedule which is typically one-third if no suit is filed and 40 percent if suit has to be filed due to substantial additional work.
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.

What are the 5 Common Causes of Truck Accidents?

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 5 common causes of truck accidents 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.

While these are the main five causes there are numerous other causes of large truck crashes. To read about the Top 20 Causes of semi-truck accidents, click here.

Frequently Asked Questions

What is the leading cause of semi accidents?
Driver error is the leading cause of semi accidents. The FMCSA reported that driver error is a primary contributing factor in large-truck crashes.

Why are semi accidents so serious?
Semi accidents are serious because the semi-truck can weigh up to 80,000 pounds and a smaller vehicle does not stand a chance against the more forceful massive tractor-trailer. The force from the massive weight can cause massive property damage resulting in severe bodily injuries.

When is a truck driver required to use emergency warning devices?
Part 392.22 of the FMCSR requires warning devices like triangles, fusee flares and/or liquid-burning flares to warn other motorists when their tractor-trailer is stopped on a highway or shoulder for more than 10 minutes. They must activate their hazard warning system immediately upon stopping.

Contact Hays Office

Call Brad's cell phone at (316) 706-5020 or visit our Contact Page.

(785) 708-0800