Independence Truck Accident Lawyer
Independence Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Semi-Truck Drivers to Get Financial Compensation for Injury Victims.
Our Independence 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 injury attorneys have won millions of dollars for our Kansas injury clients since 1983. We work in a number of states across the Midwest.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys®. We concentrate our law practice in helping injury victims who have had a car-truck crash or a motorcycle-truck crash. Our focus is to bring legal claims for injuries against the truck driver and motor carrier. Our mission is to help restore the lives of truck accident victims.
Our Independence car-truck accident injury attorneys help get financial compensation for:
- Pain and suffering.
- Medical bills.
- Wage loss.
- Scarring, disfigurement and disability.
- All economic and noneconomic losses.
- Wrongful death when a loved one dies including conscious pain and suffering and Wentling Damages.
The 2021 Kansas Traffic Crash Book reported that Independence, Kansas had 115 motor vehicle crashes resulting in 27 injuries and 1 death. Montgomery County had 460 motor vehicle crashes resulting in 93 injuries and 6 fatalities. Kansas had 3,791 truck and bus crashes in 2021 across the entire state of Kansas.
Independence is home to Textron Aviation’s smaller aircraft manufacturing facility as well as many subcontractors to the aviation industry. It has significant farming and agricultural production with Beachner Grain, Inc. spread throughout Independence and Montgomery County bringing significant semi-truck and farm truck activity making the entire county an extremely dangerous place for cars and pickups to drive.
Our experienced Independence 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.
TALG along with Bull Attorneys® have developed a unique proprietary case development methods that allows truck accident victims to get the maximum financial compensation for severe injuries and wrongful death claims. These case development methods include:
- Accident investigation and reconstruction.
- Specialized assistance in finding the best medical care.
- Background checks of the truck driver.
- Obtaining complete safety and crash history of the motor carriers from the DOT and FMCSA.
- Use of sophisticated manuals and textbooks solely related to the commercial motor vehicle carrier industry that helps take depositions of trucking company managers from Human Resources, Safety Directors, Dispatch Officers, Operations Directors and other necessary company employees.
- Unlimited funds to hire experts to build your case properly.
- Use of precise questions developed over 40 years of suing trucking companies that make the trucking company managers make admissions against the motor carrier.
Our Independence trucking attorneys provide their personal cell phone to every client so that you can focus on medical treatment instead of building your case against the trucking company. You can call our personal injury lawyers with your questions day or night.
To hire a Montgomery County trucking lawyer 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.
Why are Trucking Cases More Complicated than Normal Car Wrecks?
Truck accidents with semis and large business trucks are more complicated than normal car accidents because they present problems identifying all the parties at fault in order to increase the number of insurance policies to pay for your injuries and financial losses.
Commercial insurance policies are larger than ordinary car insurance policies. The larger the amount of insurance coverage, the more the insurance company will fight about not paying out the policy limits.
Commercial motor vehicles (CMV) are more subject to federal regulations like the FMCSR and need a lawyer who understands how to apply the CSA BASICs to the violations of the federal regulations.
Ordinary car accident attorneys bring simple claims for driver negligence while trucking lawyers will add claims for negligent hiring, negligent training, negligent supervision, unsafe business practices, failing to follow the OP-1 oath to have a safety plan that meets the standards of the FMCSR and other different types of claims.
Trucking claims require very specific requests to the DOT and FMCSA to obtain the complete file on the motor carrier history including its safety record and crash history which can be difficult to obtain.
Trucking attorneys will evaluate the black boxes in the trucks that tells the speed and braking at the moment of the accident. This has to be done immediately after your accident so that the trucking company does not override or erase this critical evidence.
Evaluate the maintenance and repair records of the motor carrier to look for safety violations by having fleet trucks improperly maintained.
What is the Statute of Limitations to Bring a Lawsuit Against a Truck Driver?
In Kansas, per Kansas statute 60-513 the statute of limitations for an adult is two years from the date of the accident and can be extended for a minor injured in a truck crash.
Other states may have a different statute of limitations. Each state requires a knowledgeable truck crash lawyer who understand the statute of limitations because if the time expires your right to bring a legal claim for bodily injuries is lost.
You should never wait to file a legal claim on a trucking claim for injuries because timing of investigation of critical facts needs to be done in the first 24 hours following your accident.
What are The Dangerous Roads and Intersections in Independence and Montgomery County, Kansas?
The Independence area has many trucking routes for cross country long-haul and short-haul truck drivers. Substantial tractor-trailer traffic runs back and forth from Wichita to Independence because of the Textron Aviation plant there.
Farming and agriculture is a significant industry in Montgomery County. All of this industry makes the entire Montgomery County area dangerous for cars and other motor vehicles.
The most dangerous roads and intersections in Independence and Montgomery County are:
- US-160.
US-160 runs east-west traveling through Montgomery County and is a trucking route coming from Arizona making it a very dangerous highway due to the fatigued truck drivers avoiding Interstate highways. - US-75.
US-75 runs north-south and intersects with US-169 making this another dangerous route with heavy semi-truck and heavy/large truck traffic. - US-169.
US-169 runs north-south and is east of Independence intersecting with US-160 which allows truck drivers coming from all four directions into the area creating heavy trucking traffic and danger to motorists. - US-400.
US-400 is an east-west highway to the north of Independence intersecting with US-75 bringing heavy semi-truck area through the county. - K-39, K-47, K-59, US-400 and US 75.
This specific group of state and federal highways directly connects all of the area agricultural and farming community with Beachner Grain. As a result of the farming activity, the entire area has heavy farm and grain truck activity and is known as a busy area for tractor-trailers. Motorists should beware the entire area. - South 110th Street and Main Street.
South 110th Street and Main Street intersect in the center of Independence. Main Street is also known as US-160. This intersection has heavy semi-truck activity and makes it uniquely dangerous to cars and pickups.
What are the 5 Reasons to Hire a Truck Accident Lawyer?
Yes, you should always hire an Independence truck accident lawyer whenever you have an injury accident with a large truck or tractor-trailer.
The 5 reasons why you should hire a truck accident lawyer are:
- Truck accident attorneys have a very different knowledge base than regular personal injury lawyers because it requires the study of federal regulations and laws.
- Insurance carriers for semi-trucks have their attorneys, adjusters and investigators drive immediately to the scene of an accident to find critical evidence to defend the case with and you need to have a truck accident injury attorney the same day.
- They can find all necessary parties and defendants to bring liability claims against them, which helps finding a larger amount of insurance coverage to pay for your injuries.
- Truck crash attorneys will be able to find excellent medical care for the injured person even when there is no health insurance to pay for it.
- The trucking injury attorney will bring Personal Injury Protection (PIP) claims for medical and wage loss, negotiate with the insurance companies and increase the amount of your settlement.
What are the Most Common Types of Injuries with Tractor-trailer Accidents in Independence and Montgomery County?
Tractor-trailers and farming and grain trucks are heavy which makes the force of a collision much greater where a car or smaller motor vehicle occupants are likely to suffer severe injuries.
The common types of injuries from tractor-trailer accidents with smaller motor vehicles 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. - 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. - Shoulder and knee injuries.
Shoulder and knee injuries include fractured bones in the shoulder, clavicle and humerus and a fractured patella (kneecap) as well as tears to the rotator cuff or brachial plexus nerve bundle. Fractures can occur to the femur, hip and pelvis. Most of these injuries require surgery. - Wrongful death.
Tractor-trailer crashes with cars, pickups and motorcycles often result in wrongful death. In many cases the person lives for a period of time after the severe injury which allows the family of the deceased to bring a wrongful death claim and survival claim for conscious pain and suffering. - Loss of limbs.
Tractor-trailer collisions can easily result in the loss and amputation to a limb like a hand, arm, foot or leg. - Sprain, strain and whiplash.
Even a small to moderate impact with a tractor-trailer will result in long term sprains, strains and whiplash which is often difficult to treat and lasts for years or a lifetime.
Who is at Fault for a Tractor-trailer Accident?
When a truck driver operating a tractor-trailer or other commercial motor vehicle (CMV) is negligent and at fault, the trucking company known as a motor carrier, is almost always liable under the legal doctrines of Vicarious Liability and Respondeat Superior. Additional companies can be liable for your injuries as well.
An Independence semi-truck injury attorney will evaluate the liability of the truck driver, trucking companies, and leasing companies providing trucks, tractors and trailer. Additionally, they will evaluate liability and fault of companies loading the trailer, companies who maintain and service the tractor-trailer and examine potential liability of brokers and shippers hiring unsafe motor carriers with a bad crash history.
How Do I Find the Best Truck Accident Lawyer in Independence?
To find the best truck accident lawyer in Independence, you should seek out a lawyer with the following qualities:
- Experienced and knowledgeable about federal regulations, the FMCSR, CSA BASICs, safety compliance and risk management protocols for accident prevention.
- A truck crash attorney with a significant amount of past trucking accident settlements and trials with excellent results.
- An experienced trucking lawyer with a team approach to gathering evidence.
- That will know and send you to the best medical doctors and therapists to get you away from family doctors that will harm your case.
- A skilled personal injury attorney with a library of books and training manuals for truck drivers and safety directors.
- Has a courteous and helpful staff with a team approach to handling your case.
What are The Common Causes of Car and Truck Accidents in Independence?
Car and truck accidents with semi-trucks, farm trucks and heavy/large commercial motor vehicles (CMV) happen as a result of similar driving errors and safety violations.
The common causes of car and truck accidents in Independence are:
- 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. - 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. - Speeding.
Speeding is one of the most frequent contributors to commercial motor vehicle crashes. - Following too closely.
Following too closely is a common violation of drivers of commercial motor vehicles. - 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. - Drunk driving.
Part 383.51 of the FMCSR requires that motor carriers disqualify truck drivers for drunk driving for a period of one year. - 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. - 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.
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 are punitive damages?
Punitive damages are a type of legal compensation in addition to compensatory damages for behavior that is reckless, willful, malicious or fraudulent. The purpose is to punish the wrongdoer and discourage other people and businesses from acting in a similar manner that disregards human life.
What are noneconomic damages?
Noneconomic damages are a form of monetary compensation awarded by a jury or judge for pain and suffering, emotional distress, loss of consortium, loss of enjoyment of life, disfigurement and disability and other types of losses that are not subject to a mathematical calculation.
What is a black box on a tractor-trailer?
A black box in a tractor-trailer refers to an electronic device usually called an electronic control module (ECM) that records data on the vehicle’s operation including vehicle speed, engine RPM, braking, throttle position, airbag deployment and time and date of an event. It is used to prove negligence on the part of the truck driver.