Junction City Truck Accident Attorney
Junction City Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Truck Drivers to Get Financial Compensation for Injury Victims.
Our Junction City truck accident lawyers help fight trucking companies with negligent truck drivers by getting financial compensation for truck injury victims in Junction City, Kansas that have had a truck accident with smaller cars, pickups, vans, or motorcycles. Injury victims can get increased financial compensation when injured in a serious 18-wheeler case.
We legally represent car accident victims who have been in large truck accidents. We have been helping Kansans with car-truck crashes since 1983. Our client results are excellent representing some of the top settlements in the State of Kansas. Several past cases range between 1 and 9 million dollars.
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.
Our Junction City truck accident attorneys have had hundreds 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 Junction City and across the state and surrounding states.
The 2021 Kansas Traffic Crash Book reported that Junction City had 500 motor vehicle crashes resulting in 192 injuries and 1 fatality. Geary County had 557 motor vehicle crashes with 212 injuries and 3 fatalities.
Junction City is in the northeast quadrant of Kansas adjacent to Manhattan, Kansas. Fort Riley takes up part of both Geary County and Riley County. With 30,000 soldiers it ads substantial traffic to Geary County. This brings a large amount of military vehicles, trucks and trailers loaded with tanks and large military vehicles making the area dangerous to passenger vehicles.
Our Junction City truck 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 the motor carrier they work for. By using a regulatory analysis of trucking negligence and violation of safety standards of care we can improve the chances of your win.
What are TALG’s top 5 proprietary case development methods for truck crashes 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 other necessary pieces of critical evidence. Motor carriers destroy this evidence exactly 6 months from the accident. - Background checks of truck drivers.
Our trucking attorneys understand that many truck drivers hop from job to job. The turnover rate of newly hired truck drivers can be as much as 150% per year. When trucking companies change drivers and fail to properly train them in defensive driving rules of the road, they care crating a dangerous situation. - 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. - Motor carrier safety file.
The way that we prove the trucking company is negligent is by studying its monthly safety file with the DOT and FMCSA to see if it is complying with the CSA BASICs. When the safety violations are bad enough, the FMCSA issues Safety Alerts to the trucking company. These help us prove reckless disregard for human life and wanton conduct which can help increase the value of your case.
When you need legal representation because of a truck accident with a passenger vehicle rash you can write to us on our contact page or call us day or night for a free consultation at 785-708-0800. 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 Large Truck Accident What Compensation Can You Get?
With a large truck accident with severe injuries there is no limit on the amount of compensation you can get. Kansas eliminated their arbitrary caps on pain and suffering and noneconomic damages years ago. The most you can get is based upon extent of your injuries, whether you can continue to work, how much future medical treatment you need and the total level of insurance coverage for all negligent parties.
What are the Types of Injuries You Can Get in a Tractor-trailer Accident?
After a wreck with a tractor-trailer, you can get compensatory damages including economic and noneconomic damages for your injuries. When the truck driver or trucking company acted recklessly or wantonly then exemplary damages, known as punitive damages, can be obtained to punish them.
The top 5 types of damages from a large truck accident are:
- Noneconomic damages for pain and suffering.
Noneconomic damages are pain and suffering, mental anguish, loss of enjoyment of life and disfigurement. We help by hiring experts to evaluate your injuries and project future medical needs so an insurance company or jury will give you 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. - Wrongful death.
When a wrongful death occurs, we help you get financial compensation for your losses with a wrongful death actions and we can bring a claim your loved one’s conscious pain and suffering known as a survival claim. You can get funeral expenses reimbursed. - 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.
- Psychological and psychiatric counseling and medication.
Most large truck accidents with other smaller passenger vehicles are extremely emotional life changing situations. 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 Large Truck Accident Claims Complex?
Large truck accident claims are difficult and complex for specific reasons. This is due to having to analyze the state and federal regulations on commercial motor vehicles. The FMCSR applies to all DOT licensed trucks and motor vehicles. State laws may also apply to your particular case. They are complex because normal attorneys do not study the FMCSR and CSA BASICs.
The 7 reasons that large truck accidents claims are complex are:
- Multiple parties can be sued.
An 18-wheeler claim will normally lead to a suit against the truck driver and their employer, the motor carrier. In a normal car accident case, there may only be one defendant making the case much less complex. 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.
18-wheeler claims are not just about traffic violations against the truck driver. They include analyzing the background of the driver for negligent hiring. They include evaluation of their prior work history and motor vehicle ticket history. This requires bringing claims against the trucking company for negligent hiring, training, and supervision. - Motor carrier compliance history.
Motor carriers must comply with the FMCSR and CSA BASICs which are tracked by the FMCSA . It requires study of their compliance history. When they are out of compliance with too many violations, they can lose their DOT license to operate. Obtaining their complete motor carrier file is complex and requires a skilled attorney. - Analysis of Disciplinary Policies.
18-wheeler cases are complex because the lawyer must obtain their full disciplinary policy with all drivers to study whether the motor carrier has an actual disciplinary policy following the rule of 3, which is warning, suspension and then termination for safety violations. - Evaluation of insurance coverage.
Insurance policies for commercial motor vehicle 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 trucking companies hide excess and umbrella insurance policies. - Scene investigation is critical.
18-wheeler claims require immediate investigation 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 lawyer needs to have access to the same critical evidence before it disappears within a short time. - Understanding the CSA BASICs.
An experienced 18-wheeler lawyer will understand the 7 behavioral categories of the CSA BASICS and how to apply them to the facts of your case. Many ordinary personal injury attorneys do not understand how these safety rules apply to your case due to lack of experience.
How long is the Statute of Limitations on a Large Truck Accident Claim?
Large truck accidents involve any collision with a passenger vehicle and a large truck like an 18-wheeler, tractor-trailer, semi-truck, big rig, construction company large trucks and farming trucks. These cases 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 large truck accident attorney the same day of your accident.
What are The Dangerous Roads and Intersections in Junction City and Geary County?
Junction City and Geary County have several highways going into the city. A high level of military truck and motor vehicle traffic makes the area dangerous for normal motorists.
The most dangerous roads and intersections in Junction City and Geary County are:
- Interstate I-70. I-70 runs east-west to the south of Junction City. US-77 is a major north-south route coming into Junction City and intersects with I-70. Heavy/large trucks and military trucks are all around Junction City which is considered a military city so it is a dangerous place to drive.
- US-77 highway. US-77 runs north-south heading north to Lincoln, Nebraska and intersects with US-50 Highway to the south of Junction City making this a major dangerous trucking route for large trucks, semis and cattle hauling trucks coming out of Nebraska into Kansas.
- K-18 highway. K-18 is an east-west highway running through Junction City and intersects with different busy intersecting roads making it a dangerous trucking route. K-18 becomes Business 40 as you proceed from west to east making it another dangerous route for large trucks and semis.
- East 13th Street. East 13th Street leads to Geary Grain, Inc., making this a high traffic road for grain trucks, semi-trucks and other large trucks and should be avoided due to its danger for passenger vehicles.
- Washington Street intersects with 6th Street. Washington Street is also US-77 and 6th Street are a dangerous central intersection in Junction City.
- US-24 is an east-west highway that travels into the east side of Junction City then exiting to the north which makes this a favored route for truck drivers and 18-wheelers transporting freight and cargo on smaller highways. This creates a great danger to the residents of Riley County.
- K-13 intersects with US-24. The intersection of K-13 and US-24 presents a danger to motorists who may see constant trucking traffic on these routes.
- K-18 intersects with I-70. K-18 runs diagonally but mostly north-south out of Junction City where it connects to K-18 dear Camp Funston and Fort Riley making this area dangerous because of large military vehicles and transports. K-18 is also known as Fort Riley Boulevard.
- Poyntz Avenue. Poyntz Avenue is a main east-west street in Junction City and travels directly into the downtown business area making it a dangerous street for truck wrecks.
- Seth Child Road intersects with Fort Riley Boulevard. Seth Child Road is also K-113 and this road intersects with Fort Riley Boulevard making it an area to be cautious in while driving.
- Tuttle Creek Boulevard intersects with Poynt Avenue. Tuttle Creek is also K-13 and intersects with Poyntz Avenue making it a very high traffic area and thus dangerous to motorists.
- Anderson Avenue and Seth Child Road intersection. Anderson Avenue is also US-24 business route which means that it will carry a busy level of large truck traffic.
Do I Need a Trucking Specialist Attorney for My Truck Accident?
If you have a car crash with a tractor-trailer you need an attorney who concentrates their practice in handling car and Semi-truck crashes. In Kansas and most states, the attorney cannot call themselves a specialist. This puts a burden on you to ask the right questions of the attorney to learn their actual trucking experience.
The top 8 reasons why you need an experienced Junction City Semi-truck attorney who concentrates their law practice mainly in pursuing truck drivers and commercial motor carriers 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. They have sophisticated adjusters and attorneys who treat an unrepresented truck accident victim badly. - Scene evidence is critical evidence to win a case.
The scene of the accident where the point of impact (POI) occurred needs to be investigated and photographed immediately after your accident, because weather, traffic and other conditions can be lost within 24-72 hours. - Multiple parties can be at fault and liable to you. Trucking cases have multiple parties who may be liable. It requires an experienced truck accident lawyer to identify all liable parties. This includes the truck driver, trucking company, loading company, dispatch company, outside safety consultants, maintenance company, and the primary transporting company. Even brokers can be at fault.
- 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 about the truck driver reaction before the crash which can be erased and written over if not immediately taken out of the truck.
- Maximum hours rules. DOT licensed drivers must comply with the hours of driving limits under Part 395 of the FMCSR. Kansas is in the center of the United States, bringing truck drivers from the four corners of our county. They drive on back highways to avoid detection for violating hours and weight limits which leads to crashes, injuries, and deaths.
- Trucking companies fight as the amount of insurance coverage rises. As insurance limits rise the insurance company has a greater incentive to fight and not pay. This is how they make their income. Unfortunately, as insurance limits increase there is more chance the insurance company for the trucking company will fight harder.
- The FMCSR and CSA BASICs along with state regulations need an experienced lawyer. The DOT and FMCSA created regulations that set the minimum safety standard of care. Truck drivers and commercial motor carriers must follow them or they are negligent. Only a trained and skilled semi-truck accident attorney will truly understand whether the violations are a basis to sue.
What are the 6 Common Injuries Caused by Semi-trucks?
Semi-trucks and commercial motor vehicles (CMV) are massive high weight vehicles that cause severe injuries when they impact with smaller motor vehicles and passenger cars.
The 6 common injuries caused by Semi-trucks are:
- 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 and neck injuries.
When a heavier semi-truck or other large truck strikes the smaller motor vehicle it can cause damage to the back and neck including, vertebrae, discs, and ligaments. Severe back and neck injuries require epidurals, physical therapy, surgeries, and radiofrequency ablations. - 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. - 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.
To read about more common types of injuries from semis, tractor-trailers, and big rigs, click here.
Who is at Fault in a Trucking Case to Pay for My Medical Bills and Wage Loss?
The question of who is at fault for your medical bills and wage loss in a trucking case is a complicated question because many different companies can share fault against your own fault.
8 different parties that can be at fault in a trucking case 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.
How Do You Find the Best Trucking Accident Lawyer?
The best lawyer for a trucking accident case is a personal injury attorney who has concentrated his/her life on helping truck accident injury victims and understands the federal regulations known as the FMCSR and interpretive rules from the CSA BASICs.
What are 5 Common Causes of Trucking Accidents?
The 5 common causes of trucking accidents are:
- Fatigued driving.
The National Institutes of Health and NCBI reported that truck driver fatigue is associated with 13 percent of large truck crashes. - 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. - 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.
To see other common causes of trucking accidents click here.
Frequently Asked Questions
Will the insurance carrier for the trucking company automatically pay me?
If you were injured or a loved one died the trucking company will not normally pay you a fair amount. This is because the moment a tractor-trailer accident happens and causes injury, the insurance company adjusters, attorneys, and accident reconstruction experts will go to the scene to look for evidence that they are not at fault. They go into immediate self-protection modes.
What happens if I have fault in a big rig case?
Your fault for negligence in driving a passenger vehicle is compared against the fault of the truck driver and trucking company and other liable parties. In a pure comparative fault state, you lose the percentage of your own fault and can still collect for other fault. In conservative states like Kansas, if you reach 50% fault. You cannot collect anything.
What do I need to give my lawyer after an accident with an 18-wheeler?
It is always best to prepare notes about the accident and take all photos, medical bills, and letters from the insurance company to your lawyer. There is much more needed and an excellent truck accident attorney will have a staff to obtain everything else.
Contact Junction City Office
- Top 5 Proprietary Case Development Methods
- What Compensation Can You Get?
- Types of Injuries
- Why Large Truck Accidents Are Complex
- Statute of Limitations
- Most Dangerous Intersections
- Do You Need a Specialist Attorney?
- Who is at Fault?
- 6 Common Injuries Caused by Semi-trucks
- Who is at Fault for Medical Bills & Wage Loss?
- 5 Common Causes of Trucking Accidents
- Frequently Asked Questions