Kingman Truck Accident Attorney
Kingman Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Truck Drivers in Semi-trucks and Grain Trucks to Get Financial Compensation for Injury Victims.
Our Kingman truck accident lawyers help fight trucking companies with negligent truck drivers operating semi-trucks and farm and grain trucks by getting financial compensation for truck injury victims in Kingman County that have had a truck accident with smaller cars, pickups, vans, or motorcycles. Injury victims can get increased financial compensation in a serious truck crash cases.
The Kingman truck accident attorneys in our firm have created a unique method of building trucking cases that was developed over 40 years. It helps make your truck accident claim as large as possible. We provide free legal representation until we win. Our trucking personal injury attorneys have settled thousands of car-truck crashes across Kansas since 1983.
Our client results are exceptional being in the hundreds of millions of dollars. Our track record is recognized by insurance companies for motor carriers. We have had many seven figure cases that are between one and nine million dollars and hundreds in the high six figures having settled 50 million dollars in settlements in 2021 alone.
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.
We help car and truck injury victims get financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, disability, past and future medical bills, past and future wage, and economic loss and for wrongful death when an injured loved one passes from a truck crash.
The 2021 Kansas Traffic Crash Book reported that Kingman had 41 motor vehicle crashes resulting in 12 injuries. Kingman County had 226 motor vehicle crashes with 57 injuries and 1 fatality.
Kingman County is filled with hunting preserves like the Hooray Ranch and close to Cheney State Lake.
Kingman is to the west of Wichita on US-54 and is mainly a farming community with several grain elevators in and around the city which makes the grain truck traffic hazardous to the other passenger vehicles in the County.
Our Kingman semi-truck injury attorneys are experienced in federal and state regulations like the FMCSR and CSA BASICs. We know how to bring legal claims for injuries caused by negligent truck drivers lacking in safety training.
Whenever you have a car or motor vehicle accident with a large truck, farm truck or oil and gas service vehicle, you need to hire a Kingman County personal injury trucking attorney. You can call us 24/7 for a free consultation at 620-690-0600 or write us on our contact page.
What are 6 Common Causes of Large Truck Accidents?
6 common causes of large truck accidents are:
- Fatigued driving.
Part 392.3 of the FMCSR requires that truck drivers may not operate and a motor carrier shall not require drivers to operate when they are too tired or sick. - Driver distraction and error.
Driver distraction and driver error are a leading cause of semi-truck accidents. There are many typers of distraction. The FMCSA published distraction reasons from real accidents in 2018. The most important distractions are:
• Distracted by outside person.
• Talking or listening to cell phone.
• Using or reaching for a device.
• Adjusting audio and climate controls.
• Looked but did not see. - Following too closely.
The Large Truck Crash Causation Study (LTCCS) found that 5 percent of truck crashes occurred when the commercial motor vehicle driver was following the lead vehicle too closely. - Drunk driving and intoxicated driving.
Drunk driving and drugged driving is subject to Part 382.301 which requires pre-employment testing for controlled substances on alcohol and drug testing prior to allowing the driver to operate a truck on behalf of the company. - Driving in bad weather and high wind conditions.
Part 392.14 requires truck drivers to slow down and when weather conditions become sufficiently dangerous, they must stop operation of the tractor-trailer. The problem with this rule is that the trucking companies do not teach it to the truck drivers and many companies barely know it exists. - Speeding.
The FMCSA identified that speed management is a proper tool to reduce serious injuries and fatalities in the National Roadway Safety Strategy. In 2019 alone, there were 860 fatal crashes in areas with posted speed limits of 70-75 mph.
For other major causes of large truck crashes click here.
What are the 5 Most Frequent Types of 18-Wheeler Accidents?
Five common types of 18-wheeler accidents are:
- Blind spot accidents.
Blind spots are a known hazard for all truck drivers operating big rigs. The blind spots are in the front, back and on both sides. The CMV driving tips from the FMCSA teach truck drivers that inadequate surveillance happens when the driver is in a situation where he is required to look to safely complete a maneuver and fails to do so resulting in a truck crash. - Lane change accidents.
Lane change accidents frequently happen when a truck driver is tired, fatigued and distracted or fails to use his eyes to make a proper sweep of the areas to the sides of his tractor and trailer and changes lane without giving prior notice. This usually ends with a collision into the adjacent vehicle and ends up badly for the occupants of the smaller vehicle. - Failure to yield right-of-way on red lights, stop signs and left turns.
Failure to yield right of way for other vehicles on red lights, at stop signs, yield signs and in left turns is a common violation for truck drivers under the FMCSR under Part 392.2 of the FMCSR. - Jackknife accidents.
A jackknife accident is where the tractor-trailer folds at the connecting point of the tractor and trailer and the trailer swings out to a 90 degree angle from the truck sometimes going past 90 degrees. These are deadly accidents that typically result in catastrophic injury or death to passenger vehicles in the adjacent are4a of the of the semi-truck. - Rollovers.
Rollover accidents occur when the driver starts to lose control of the tractor-trailer and the weight in the trailer causes the entire big rig to rollover. These are normally caused from driver error, bad weather conditions, speeding around curves and unsafe steering. If a load is improperly loaded in the trailer, it could cause the semi to go out of control and rollover.
For other types of 18-wheeler accident click here.
What are 5 Common Injuries Caused by 18-wheelers?
5 Common injuries caused by 18-wheeler are:
- Back and Neck Injuries. Back and neck injuries are common aftereffects of car-truck crashes. They can be as small as strains and sprains to injuries to the extremities and spinal column requiring surgical treatment through epidurals, radiofrequency ablations, discectomy, laminectomy, fusion, and instrumentation with titanium parts inside the spine and extremities.
- Bone Fractures. Bone brakes and fractures happen from the impact force. Bones can be crushed, splintered, or even explode. The magnitude of these bone fractures is only limited by the imagination. Most occupants of passenger cars end up getting surgery and having difficulty performing life activities and working.
- Head Injuries.
The shifting acceleration and deceleration forces from an impact between a passenger car and an 18-wheeler are substantial. They result in concussions, brain bleeds, skull fractures, traumatic brain injuries (TBIs) and confusion, memory loss, changes in personality and the inability to perform normal work activity. - Spinal cord injuries (SCI).
Spinal cord injury is an extreme injury that usually ends us in paralysis with either paraplegia, tetraplegia, quadriplegia, or spinal cord syndrome. All are life changing and require lifelong rehabilitation. They make a person’s life bad enough that the ability to enjoy life is normally taken from them. - Wrongful death.
Wrongful death can happen easily after a car-truck crash because of the powerful force of the heavier truck. The death may come rapidly or over weeks or months. When a loved one lives after the accident for any period of time, they also have a Survival Claim for conscious pain and suffering.
For other common types of injuries click here.
Why are Grain Box Trucks so Dangerous?
Grain box trucks are much heavier than other vehicles which causes them to be unable to slow down quickly when trying to avoid a collision with a passenger vehicle or pickup truck. The 2020 FMCSA Large Truck and Bus Crash Facts reported that 4,988 fatalities were caused from large trucks and buses in 2019.
Other dangers related to box grain truck drivers are:
- Grain box truck drivers can lack training and experience because many of the drivers are not required to have commercial driver’s licenses (CDLs).
- The high sides of the grain box trucks make them prone to shifting across traveled lanes from the Kansas normal high winds that can range from 30 mph to more than 80 mph.
- Grain box trucks have blind spots directly behind them and behind both rear view mirrors making it difficult for the box truck drivers to see passenger vehicles on either side of the box grain truck.
- Because they are frequently loaded with grain, they are heavy and when colliding with smaller vehicles, the smaller vehicles and their occupants are the losers.
What types of Damages Can I Claim After a Grain Box Truck Accident?
If a negligent grain box truck driver has injured you, then you should be able to bring legal claims against the truck driver and likely against their employer, which is many times a farmer or agricultural coop.
The following types of monetary damages may be available to you a truck wreck with a grain box truck:
- Noneconomic damages for pain and suffering.
Noneconomic damages are for subjective and nonmonetary losses like pain and suffering, mental anguish, loss of enjoyment of life and disfigurement, inconvenience, emotion distress, loss of society and companionship along with other similar types of losses. These damages typically have no mathematical calculation and are assessed by an adjuster, jury, or court. - Economic damages.
Economic damages are for actual financial damages that are a direct result of a negligent truck driver or motor carrier causing harm and injury to a person for medical bills, lost wages, rehabilitation costs, future medical bills, future wage loss and future medical needs. These damages can be calculated by using experts like medical doctors, economists, lifecare experts and nursing experts. - Wrongful death.
Wrongful death damages are financial damages meant to compensate the family for lost financial support, suffering and loss of services, guidance, and counseling. This can include a survival claim for the conscious pain and suffering. It includes funeral expenses and many other types of losses from your loved one dying. - Punitive damages.
Punitive damages are known as exemplary damages and are awarded by a court to punish a defendant for reckless, wanton, and willful acts causing harm to another person. They serve to punish and remind others that they should not engage in similar reckless conduct.
How Difficult are Trucking Cases with Farming and Agricultural Grain Box trucks and Farming Vehicles?
Farming and Agricultural grain box trucks and other farming vehicle accidents are more difficult than a normal tractor-trailer case because the federal regulations like the FMCSR may not be available to help your Kingman truck accident attorney prove negligence. The driver logging requirements are much less than a normal big rig.
5 reasons trucking cases with farming trucks, grain box trucks and farming vehicles are difficult.
- Agricultural commodity exception.
The agricultural commodity exception under Part 395.1(k)(1) allows a driver to not use normal ELD driving logs when the farmer or their employee is transporting agricultural commodities no further than 150 air-miles from the pickup point. - Proving the farm truck driver is outside the 150 air-mile exception.
The difficult part for the trucking accident injury attorney is to prove the driver of the farm truck exceeded the 150 air-mile radius from their original point of pickup of the agricultural commodities. Truck drivers in agricultural pursuits tend to ignore the limitation acting above the law. - Multiple pickup points are more difficult to track.
Many farming truck drivers believe they can go to multiple different pickup points and keep starting a new 150 air-mile exception. This is untrue and the FMCSR states that the first place where the commodity was loaded is the measuring point for the 150 air-mile radius. - Agricultural commodity definition.
An agricultural commodity is defined under Part 395.2 as “any agricultural commodity, nonprocessed food, feed, fiber or livestock.” Sometimes Farmers attempt to carry other cargo or goods still claiming the exception which makes it difficult for the trucking attorney because you need proof of the commodity or livestock. - ELD Hours of Service.
The abuse of the agricultural exception is usually seen more by livestock transporters than grain transporters, but both violate the agricultural commodity exception due to ignorance, poor training and a wrongful belief they are completely exempt from the Federal Hours of Service maximum hours limitations.
How Long is the Statute of Limitations in Kansas for a Car-Truck Crash with a Grain Box Truck or Semi-Truck Transporting Agricultural Commodities?
If you have a car-truck crash with a grain box truck or truck driver carrying agricultural commodities the statute of limitation is the same as a nonfarm truck and you only have a two year statute of limitations under Kansas statute 60-513. Minors have a longer period of time depending upon their age.
What are The Dangerous Roads and Intersections in Kingman and Kingman County?
Kingman is in Kingman County in South Central Kansas to the west of Wichita and is filled with grain trucks driving back and forth to several nearby grain elevators along K-14 and US-400 highways. These farming trucks make the area exceptionally dangerous to smaller motor vehicles, cars and pickups.
The most dangerous roads and intersections in Kingman and Kingman County are:
- US-54 highway.
US-54 highway runs east-west coming through Wichita, Kingman, Pratt, and Greensburg. The highway is known as D Avenue when in the city and intersects with K-14 which runs directly south into farming, grain elevators and other agricultural businesses. - K-14 highway.
K-14 highway runs north-south intersecting with US-54 and is known as Main Street to locals. As it travels south it intersects with Sherman Avenue where a large grain elevator is located making the area dangerous to passenger vehicles. - Main Street and D Avenue.
Main Street and D Avenue are an intersection in the middle of town that carries substantial agricultural trucks, farm trucks and grain box trucks making the intersection dangerous. - Main Street and West RR Street.
Main Street, which is K-34 and West RR Street which is US-54 intersects right near the Kingman truck scale and the grain elevator making the area dangerous to passenger cars and pickups.
Frequently Asked Questions
Do farm supplies qualify for the agricultural commodity exception under the FMCSR?
Yes, farm supplies for agricultural purposes shipped from a wholesale or retail distribution point can be exempt under Part 395.1(k) if they will be used for agricultural purposes and do not exceed the 150 air-mile radius rule.
What is the radius for ag exempt?
The United States agricultural exemption relates to logging driving time and the logging can be suspended when the driver is not exceeding a point of 150 air-miles from the point of pickup to delivery.
Is gravel an exempt commodity under the ag exemption?
The exemption only applies to commodities that are perishable or can expire so gravel would not qualify for exemption under the agricultural commodity exemption.