Hugoton Truck Accident Attorney

Hugoton Car and Truck Accidents Lawyer Helping Fight Trucking Companies with Negligent Semi-Truck Drivers to Get Financial Compensation for Injury Victims in Western Kansas.

Our Hugoton car and truck accident lawyers help fight trucking companies with negligent semi-truck drivers by getting financial compensation for truck injury victims in Western, Kansas that have had a truck accident involving a car, pickup, van, or motorcycle. Injury victims can get increased financial compensation when dealing with serious 18-Wheeler cases.

We legally represent car accident victims who have been in big rig truck accidents. We have been helping Kansans with car-truck crashes since 1983. Our client results are some of the top settlements in the State of Kansas with a substantial number of trucking claims reaching million dollar settlements and above.

Truck Accidents Lawyer Group (TALG) is associated with Bull Attorneys®. Our primary offices are in Wichita and Western Kansas in Garden City are only a short drive. Our office location in Wichita is 10111 E. 21st Street North, Suite 202, Wichita, Kansas 67206. In Western Kansas, our office is located at 3102 E. Kansas Avenue, #100, Garden City, KS 67846.

Our Hugoton truck accident attorneys have had dozens of cases for semi-truck crashes with cars and pickups over the past 40 years and we have always worked for free with no charges unless we win. We are trusted trucking lawyers who work in Western Kansas and across the state and surrounding states.

Our Hugoton car and truck personal injury lawyers help injured truck victims in many different ways.

Using our team approach to building cases we help with all of the following legal tasks:

Critical evidence investigation.
We study the scene of the accident to look for gouge marks, point of impact, skid marks, and interview all available witnesses.
Insurance claims handling.
Our staff will file all claims for property damage, bodily injuries, negligence claims and Personal Injury Protection (PIP) benefits to start your medical and wage loss payments. Negotiate the claim to a satisfactory result or we file a lawsuit against all negligent parties.
Find excellent medical care.
People in western Kansas often have a hard time finding quality medical doctors having to rely upon nurse practitioners. We have a network of the best doctors, hospitals, and surgery centers across the state that work with our firm to help truck accident injury victims. Many will treat patients without health insurance.
Experts.
Big rig cases are complex and require experts like accident reconstruction experts, medical experts, trucking safety experts, economic loss experts and every other necessary professional to author reports and help you win.
Obtain black box computer data.
We make the trucking company save the black box in their truck that records the truck driver’s speed, braking actions and other critical evidence that is recorded for crash events.
Work for free until we win.
Trucking cases are difficult and time consuming, but we know we can win in almost every case where a truck driver was negligent. You do not have to worry about paying us to take on your case. You only pay us when we have won.

The 2021 Kansas Traffic Crash Book reported that Hugoton had 61 motor vehicle crashes resulting in 12 injuries and 2 deaths. Stevens County had 90 motor vehicle crashes with 27 injuries and 3 fatalities.

Hugoton is in Southwest Kansas near one of the world’s largest natural gas fields. The Hugoton Natural Gas Area is the largest gas field in North America and draws oil and gas exploration trucks, oil and gas service trucks and many large trucks to help with the industry of oil and gas making it one of the areas in Kansas where the people of Stevens County have several severe truck crash accidents every year.

Our Hugoton truck crash injury attorneys are highly educated on how to understand and use the FMCSR and CSA BASICs. These regulations help prove negligence and fault of both the truck driver and their employer. The federal rules are almost always violated by truck drivers and motor carriers which increases the amount of your financial compensation.

Our team approach uses a proprietary and confidential case development method helps to win cases at high monetary settlements.

What are TALG’s 7 proprietary case development methods for semi-truck accidents with cars and other motor vehicles?

Unique questioning techniques.
We have developed a unique set of specific questions for drivers, witnesses, law enforcement, safety directors, dispatch personnel and hiring personnel from the trucking company.
Spoliation Letters.
We use specific spoliation letters to the motor carriers and maintenance companies to prevent destruction of critical evidence necessary to prove their negligence like maintenance records, the black box data, trip logs, fuel receipts, toll both receipts and many necessary pieces of critical evidence. Motor carriers destroy this evidence exactly 6 months from the accident.
FOIA request.
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.
OP-1 Oath.
We use the OP-1 oath and safety certification in a manner that will clearly prove the company did not abide by their oath by implementing a proper safety plan required by the DOT and federal regulations.|
Preventability analysis including root cause.
Analyze preventability and root cause of the accident by studying past truck crash incidents of the motor carrier, monthly safety profile, police reports and black boxes which requires obtaining their entire motor carrier file from the FMCSA.
Trucking Industry Library.
Use our proprietary library of trucking industry books, training manuals and safety director educational books that all trucking management professionals use to manage motor carriers. This helps us establish the negligence of the trucking company by proving their lack of compliance with federally required minimum standards of safety.
Multi-count petitions and complaints.
The use of specific lawsuits that have more than 10 different areas of negligence claims against the driver and their trucking company. This increases the potential for liability of the motor carrier and can lead to punitive damages where it can be shown they acted recklessly without regard to human life.

When you need legal representation because of a semi-truck collision you can write us on our contact page or call us night or day for a free consultation at 620-690-0600. You are able to speak to a live truck accident injury attorney 24 hours a day, even at night and on weekends and holidays to obtain free legal advice about your case.

In a Semi-truck Accident What is the Maximum You Can Get?

There is no maximum amount of money for a semi-truck accident case. In Kansas, caps on pain and suffering are not limited. Other states may have limits. Your compensation depends upon your injuries, fault of parties, amount of insurance, and particular trucking lawyer you choose. Our lawyers have settled tractor-trailer cases as high as 9.5 million dollars. They can be worth more.

What are the 11 Types of Damages You Can Get from a Big Rig Crash?

After a wreck with a big rig there are different types of damages and financial compensation for each category of your losses or damages.

The 11 types of damages from a big rig crash are:

Property damages. Big rigs and other large trucks weigh up to 80,000 pounds so when they hit a smaller motor vehicle the property damage is massive. Your vehicle can be partially damaged or totaled, but the norm is for the vehicle to be totaled.
Noneconomic damages. Noneconomic damages are pain and suffering, mental anguish, loss of enjoyment of life and disfigurement. We help by hiring experts to evaluate your noneconomic damages so an insurance company or jury will give money to compensate you for them.
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 large truck crash. We hire medical experts and economists or lifecare experts to project your lifetime medical expenses from your truck crash.
No-fault damages. Kansas allows people injured in motor vehicle accidents to make claims against the car insurance of the vehicle they are riding in. These are called PIP benefits and there are multiple areas. PIP pays for medical bills, wage loss, essential services daily costs, rehabilitation medical bills, funeral expenses, and other specific financial losses allowed for by law.

Wrongful death.
When a wrongful death occurs, we help you 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. We obtain witness statements and evidence so we can prove your loved one had conscious pain and suffering before dying, which increases your financial compensation. This allows a survival claim.
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 the death of your loved one caused you to have an economic loss for the loss of services, guidance and counseling provided by the family member before death.
Funeral expenses. Funeral expenses includes the funeral services, gravesite services and cost for a headstone. We help set up PIP claims to get money for the funeral expenses and then get the remaining balance from the negligent parties.
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. Due to the extreme force of an impact with these massive trucks we use vocational experts when you are hurt to badly that you cannot perform your former job.
Prosthetics for Amputees. When an amputation is required, prosthetics are used to help restore function and mobility. There are static nonmoving prosthetics or the more modern bionic prosthetics which have a computer chip and are designed to function like a normal hand, foot, leg, or arm. More expensive bionic prosthetics require the use of specially trained experts in prosthetics.
Psychological and psychiatric counseling. Most truck crashes with other smaller vehicles are extremely emotional to deal with. It is not unusual to have post-traumatic stress disorder (PTSD) after a car-truck collision. You can get money for counseling and medications needed for anxiety, stress, lack of sleep and other types of mental anguish.

Are Semi-truck Claims Difficult?

Semi-truck claims are extremely difficult and time consuming requiring the need of an experienced trucking lawyer. The main reason they are difficult is because they involve the application of federal regulations like the FMCSR as well as the study and applications of state laws, ordinances and regulations applying to large truck collisions with smaller motor vehicles.

The 8 reasons that semi-truck claims are difficult are:

Multiple parties can be sued.
A semi-truck accident will normally lead to a suit against the truck driver and their employer. In a normal car accident case, it may only be one defendant. In trucking cases there are normally multiple different parties that can be liable and at fault.
Employment history of the truck driver must be investigated.
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 their prior work history and motor vehicle ticket history.
Motor carrier compliance history.
Motor carriers must comply with the FMCSR and CSA BASICs which are tracked by the FMCSA to study the compliance history of the motor carrier. When they are out of compliance with too many violations, they can lose their DOT license to operate.
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 them to the facts of 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 experienced truck accident attorney will obtain copies of trip documents like fueling receipts, toll booth receipts, weigh 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 and driving time.

How long is the Statute of Limitations on a Big rig Wreck?

Big rig wrecks with other vehicles have a two-year statute of limitations under Kansas statute 60-513. Minors have a longer period of time depending upon their age.

No matter what the statute of limitations is in your state, you need to hire a big rig lawyer the same day of your accident for multiple reasons.

The statute of limitations can be longer in some of the bordering states around Kansas like Missouri which allows for a 5-year statute of limitations.

What are The Dangerous Roads and Highways in Hugoton and Stevens County?

Hugoton and Stevens County is an area connecting several highways that lead to Hugoton. There are multiple grain elevators and grain mills drawing farming trucks, grain trucks and 18-wheelers moving grain and other agricultural products through Stevens County.

The most dangerous roads and intersections in Hugoton and Stevens County are:

US-56 and US-51.
US-56 and US-51 highways intersection the middle of Hugoton. In the city the two highways are known as North Main and 11th Street. The area brings large trucks from north-south and east-west directions with tired long haul truck drivers.
US-270 and US-56.
US-270 and US-56 intersect in Hugoton which provides major trucking traffic through southwest Kansas making it a dangerous area.
K-25.
K-25 is a north-south state highway that trucker use to run from Nebraska through Lakin, Ulysses, Hugoton and then down to Guymon, Oklahoma and Texas where it becomes Highway 136. This long stretch of road is used by cattle haulers and cargo trucks in the agricultural industry.
US-56.
This main trucking route running north-east diagonally travels through Dodge City and then southwest into Oklahoma is another favored route for cattle hauling tractor-trailers making it an extremely dangerous highway system.
US-51 and US-56 and K-25.
US-51, US-56 and K-25 all meet near the Seaboard Mill in Hugoton which is to the west of Hugoton making these three highways have substantial large truck volume from agricultural and feed or grain trucks going back and forth to the mill making the entire area dangerous.

Do Cattle Haulers Have to Comply with Federal Logging Regulations for Truck Drivers?

Cattle haulers driving farther than the 150 air-mile radius from pickup point to delivery point must normally log driven hours under the FMCSR.

If a cattle hauler operates only within the 150 air-mile rule they are not required to use ELD. However, cattle haulers who operate their cattle trucks outside of the 150 air-mile radius are required to follow normal hours-of-service ELD Logs. The 150 air-mile radius rule is only for short hauls.

Cattle haulers driving from Nebraska through Hugoton and Stevens County and other old time cattle routes in Kansas are traveling beyond the 150 air-mile rule and must follow the ELD rules of the FMCSR. Cattle haulers believe and are taught by managers that they do not have to log hours driven which is totally false.

Cattle Haulers moving through Kansas cause accidents with cars, pickups, and smaller motor vehicles due to the following:

Fatigued driving.
Cattle haulers try not to stop because of the fear that stress will shed weight on the cattle. The truck drivers and shippers become penalized when the cattle shed too much weight so they push themselves past legal driving limits to get the cattle to the feed lot or beef plants. Long hours cause fatigue and accidents.
Bad weather driving.
Cattle haulers frequently bring cattle and other livestock through Hugoton and Stevens County regardless of weather conditions. Part 392.14 of the FMCSR requires drivers to cease operations when conditions become “sufficiently dangerous.” Cattle hauling driving above the 150 air-mile rule must follow this federal law.
Driving in high winds.
Cattle haulers traveling down K-25 and US-56 Stevens County are often subject to high wind conditions that cause them to shift across the highway. This is even worse when traveling north-south because of the high cross winds from winds coming off the Kansas plains. Cattle trucks present great danger to all motorists in windy travel conditions.

What are 12 Reasons You Need to Hire a Truck Accidents Lawyer?

Anytime you have a car wreck with a large truck you need to hire a truck accident lawyer to protect your legal rights and maximize the amount of financial compensation you need.

The 12 reasons why you need a Western Kansas truck accident attorney are:

Trucking companies have difficulty getting liability insurance.
According to the National Safety Council 5,788 people died in large truck crashes in 2021 which was up 17% from 2020. This high number of deaths caused by truck drivers makes it difficult for them to get insurance so they fight trucking cases much harder.
Insurance company tactics.
Insurance companies use sophisticated psychological tools to teach their adjusters how to keep truck accident injury victims from hiring experienced trucking attorneys because it helps them keep their payouts and settlements much lower than a represented client will receive.
Unrepresented vs represented injury victims.
Insurance companies hire sophisticated adjusters and attorneys who are paid to minimize the insurance company’s payments. Industry studies have shown that a represented personal injury client will get as much as 3 times more than an unrepresented injury victim.
Identifying the right parties who are liable.
Trucking cases are complex and many different parties may be liable. It requires an experienced truck accident attorney to properly identify who is at fault for your injuries.
Understanding the maximum hours of service rules.
Western Kansas has dozens of truck routes that cattle haulers and fatigued truck drivers use. The cattle haulers believe they do not need to comply with maximum hours rules. They are wrong. Experienced trucking lawyers know how to get around the agricultural exemption for logging driving time.
Higher insurance coverage makes insurance companies fight more.
As insurance limits rise in their amount, the insurance company has much more to fight about. They want to pay as little as possible for your injuries. The greater the amount of coverage, the harder they fight.
Trucking litigation is based upon federal regulations.
Ordinary personal injury lawyers who are unfamiliar with the FMCSR and the CSA BASICs are not professionally trained to be able to help a truck accident victim get the maximum financial compensation available.
Critical evidence disappears rapidly.
Weather and traffic can erase evidence at the scene that can help properly locate the point of impact location to prove which vehicle was in the right. Adjusters, investigators, and attorneys for the trucking company will arrive at the scene within an hour or two of any injury accident. You need your own truck accident lawyer to do the same to obtain critical evidence needed to win your case.
Grain and farm trucks have different rules.
Western Kansas has a tremendous number of large truck crashes caused by farm vehicles, tractors and combines. Different safety rules apply to agricultural transportation businesses. The Western Kansas truck accident attorney will understand the differences between the agricultural industry and the trucking industry.
Regulations change frequently.
Most laws change from time to time making it much more difficult to follow the current regulatory rules and violations of the truck driver and motor carrier. Experienced truck accident injury attorneys must keep up with annual regulatory changes or your case can be lost.
Finding the best medical doctors.
Western Kansas has limited medical doctors with little to no specialization and many small towns like Hugoton may only have a nurse practitioner. A western Kansas truck injury lawyer will be able to send you to quality doctors who can help you heal faster.
Black boxes must be accessed immediately.
Black boxes are small data recorders in the truck and motor vehicle that record speed, braking information and other critical evidence which can be erased and written over if not immediately taken out of the truck. You will need a truck crash lawyer and an accident reconstruction expert to make sure the evidence in the black box is not destroyed.

What are the 10 Common Injuries Caused by Truck Drivers?

Commercial motor carriers and negligent Semi-truck drivers cause severe and catastrophic injuries when crashing into cars and smaller vehicles.

The 10 common injuries caused by truck drivers are:

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.
Shoulder injuries.
The great difference in weight of farm and grain trucks leaves cars and pickups heavily damaged after impact. The occupants suffer shoulder injuries frequently. Shoulder injuries to the rotator cuff, brachial plexus nerve branch, clavicle and scapula usually require extensive surgery.
Knee injuries.
Knee injuries happen from crush injuries to the passenger compartment. Knees can also be injured by the dashboard. These injuries often create meniscal tears, ACL and PCL tears, patella fractures and other significant damage that normally requires surgery to repair.
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.
Psychological injuries.
Truck injuries are traumatic life experiences that cause post-traumatic stress syndrome (PTSD), anxiety, nightmares, and other psychological problems especially when a driver or passenger dies leaving the other occupants in the vehicle alive to continuously relive the moment.
Traumatic brain injuries.
Truck accidents can cause head injuries from a brain bleed or fractured skull to concussions and traumatic brain injuries. Most are lifelong medical problems that stop a person from normal functioning in life.
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.
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 Responsible for Truck Accidents?

The responsibility to pay for injuries from a truck accidents is normally with the truck driver, their employer and can include other different negligent parties.

The 9 different potential responsible parties in a truck accident are:

Truck driver.
When the truck driver acts negligently or violates the FMCSR and other federal and state regulations he/she will be responsible. If a co-driver on a team is working the tractor-trailer both the regular driver and co-driver can be responsible.
Motor carrier trucking company.
Trucking companies are commonly referred to as the motor carrier. The motor carrier is usually responsible under the doctrine of Respondeat Superior when the driver is working in the course and scope of employment for the motor carrier making the motor carrier responsible to pay. The trucking company can also be responsible for negligent hiring, training, and supervision.
Parent company.
Larger transportation companies will enter into leases or contracts with smaller motor carriers. In certain factual situations both companies can be equally responsible to pay for your injuries.
Leasing company.
Leasing companies providing the tractor or trailer to the motor carrier may be responsible, depending upon their knowledge of a known crash history or unsafe violation history of the person or company leasing their tractor-trailer.
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 responsible to pay for your injuries.
Manufacturing Companies.
Brake and tire manufacturers or other manufacturers who provide a defective safety part to the motor carrier can be responsible to pay for your injuries.
Cargo Loading companies.
Cargo loaders make negligent mistakes in loading the cargo onto the trailer making the weight uneven where the cargo and the trailer can shift may cause the trailer to leave the correct lane of travel and often cause the trailer to jackknife or rollover.
Brokers and shippers.
Brokers and shippers who negligently select unsafe drivers and motor carriers to transport their cargo can be responsible.
Dispatch companies.
When a smaller motor carrier uses an outside dispatcher who sends a truck driver on a shipment and the truck driver is over their legal hours of service, the dispatch company can be responsible.

What is the Best Lawyer for a Semi-truck Accident?

The best lawyer for a semi-truck accident is an experienced trucking attorney who understands the FMCSR and the CSA BASICs. If the lawyer does not understand the 7 behavioral categories studying motor carrier safety, they will not be the best lawyer for you.

What are 7 Common Causes of Large Truck Accidents?

Speeding.
According to the FMCSA speeding was the most frequent driver related factor in fatal crashes with commercial motor vehicles (CMV) making up 7.3 percent of all CMV fatalities.
Distracted Driving.
An FMCSA study from 2009 found that 71 percent of large truck crashes happened with the truck driver was doing something besides driving the truck and was not focused on the task of driving.
Following too closely.
The Large Truck Crash Causation Study (LTCCS) found that 5% of truck crashes occurred when the commercial motor vehicle driver was following the lead vehicle too closely.
Poorly maintained tractor-trailers.
Poorly maintained tractor-trailers cause a significant number of crashes. EMC insurance company reported that 30 percent of large truck crashes were found to have equipment placed out-of-service because of poor maintenance and repair.
Improper lane changes.
The FMCSA warns truck drivers that improper lane changes are a common violation for 18-wheeler drivers.
Drunk Driving.
When a truck driver is consuming alcohol or other illegal substances, it can substantially reduce their reaction time to recognize and advert a potential hazard on the road like a slowing car in front of them. The issue is so important that the FMCSA issued a regulation making it illegal for a truck driver to have an alcohol concentration of .04 or higher.
Fatigued driving.
The National Institutes of Health and NCBI reported that truck driver fatigue is associated with 13 percent of large truck crashes.

Frequently Asked Questions

What is an incapacitating injury for a truck driver?
According to FARS, an incapacitating injury is any injury, other than a fatal injury which prevents the injured person from walking, driving, or normally continuing the activities the person was capable of performing before the injury occurred.

What is the most dangerous occupation in the United States?
According to a 2001 news report from ABC, the deadliest occupation in the United States in 2000 was driving a truck. The story title was, “Most Deadly Occupation: Truck Driver” and reported that 852 truck drivers were fatally injured in the year 2000.

What four states have the highest percentage of fatal large truck crashes? The NSC reported that the four states with the highest percentage of large truck fatal crashes in 2021 were:

- Nebraska – 16%.
- Iowa – 16%.
- Wyoming – 14%.
- Kansas – 14%.

Contact Hugoton Office

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

(620) 690-0600