Manhattan Truck Accident Attorney

Manhattan Car and Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Tractor-trailer Truck Drivers to Get Financial Compensation for Injury Victims

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

We legally represent car accident victims who have been in tractor-trailer 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 Accident Lawyers Group (TALG) is associated with Bull Attorneys®. Our primary offices 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 Manhattan 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 Kansas and across the state and surrounding states.

The 2021 Kansas Traffic Crash Book reported that Manhattan had 837 motor vehicle crashes resulting in 230 injuries and 3 fatalities. Riley County had 1,167 motor vehicle crashes with 349 injuries and 7 fatalities.

Manhattan is in the northeast quadrant of Kansas and is well known for Kansas State University and its sports teams like the Wildcats. Additionally, the university has basketball, volleyball, rowing and golf. When game days happen, people visit from all over Kansas increasing the danger of driving with heavy traffic and large truck traveling local roads.

Manhattan and K-State are known for its agricultural school which gives rise to all types of tractor-trailers and large trucks traveling to and from the University bringing great danger to students and sports attendees.

Our Manhattan tractor-trailer 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. By using a regulatory analysis of trucking negligence and violation of safety rules we can improve the chances of your win.

What are TALG’s 10 proprietary case development methods for tractor-trailer 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.
Case investigation.
Our techniques are developed to shift fault away from the driver in the car or pickup and shift it towards the truck driver, their trucking company and many other potential negligent parties. By establishing fault of the truck driver and motor carrier it helps reduce your level of comparative fault.
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.
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 their entire motor carrier file.
Background checks of truck drivers.
Our trucking attorneys understand that many truck drivers hop from job to job. The turnover rate of new hire 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.
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 tractor-trailer crash 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 Tractor-trailer Accident What is the Most You Can Get for Compensation?

With a tractor-trailer accident 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 how much insurance is available.

What are the Types of Damages You Can Get in a Tractor-trailer Accident?

After a wreck with a tractor-trailer, you can get compensatory damages, exemplary damages when the actions of the truck driver and motor carrier are reckless enough and other distinct kinds of damages.

The top 10 types of damages from a tractor-trailer 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 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.

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.

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 18-Wheeler Claims Complex?

18-wheeler claims are complex requiring experienced trucking attorneys who understand federal regulations. They are complex 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. It is important that you only hire an experience tractor-trailer injury lawyer.

The 10 reasons that 18-wheeler 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 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 their prior work history and motor vehicle ticket history. This requires bringing claims against the trucking company.
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 some companies hide excess and umbrella insurance policies.
Training and supervision.
Smaller and medium size companies try to hire drivers with little experience. When they fail to train them in a 3 day training orientation, they help cause accidents. If they fail to supervise them on their hours of driving or require them to make on-time deliveries this can cause the truck driver become fatigued.
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 few days of the accident.
FOIA requests to the FMCSA.
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 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.
Evaluating Driver logs and trip records.
Driver logs do not tell the true story. An experienced 18-wheeler injury 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 driving time.

How long is the Statute of Limitations on an 18-wheeler Claim?

18-wheeler crashes 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 an 18-wheeler attorney the same day of your accident.

What are The Dangerous Roads and Intersections in Manhattan and Riley County?

Manhattan and Riley County has an unusually large amount of highways going into the city. Riley County is an area connecting several highways that lead to Manhattan. Whenever football games are at home, the traffic comes from all four directions and makes the county unusually dangerous to passenger vehicles, vans and pickups.

The most dangerous roads and intersections in Manhattan and Riley County are:

Interstate I-70.
I-70 runs east-west to the south of Manhattan. US-177 is a major north-south route coming into Manhattan. 18-wheelers and heavy passenger vehicles coming in and out of Manhattan makes this a dangerous area for motorists.
US-24.
US-24 is an east-west highway that travels into the east side of Manhattan 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 Manhattan 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 high large truck traffic.

Do I need a Lawyer?

If you or a loved one has a car crash with a Semi-truck or other large truck you always need a lawyer if you are injured in the crash.

The top 10 reasons why you need an experienced Manhattan Semi-truck lawyer 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.
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.
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 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 10 common injuries caused by Semi-trucks 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 18-wheeler 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. It requires obtaining leases, contracts and trip documents like Bills of Lading in order to determine all responsible parties.

The 10 responsible parties in an 18-wheeler 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.
Safety training managers from outside companies.
When a motor carrier uses safety plans developed by independent contractors and service companies, if they provided unsafe procedures, they can be responsible 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 Tractor-Trailer Crash?

The best lawyer for a tractor-trailer crash is a semi-truck accident who is a lawyer that has handled multiple trucking cases, who understands federal regulations and who is known by insurance carriers for motor carriers. The best lawyer will understand the application of the FMCSR and CSA BASICs to the facts of your case.

What are 5 Common Causes of 18-wheeler Accidents?

The 5 common causes of l8-wheeler 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.

Frequently Asked Questions

How can I protect my legal rights after a semi-truck accident?
The most important thing you can do to protect your legal rights after a semi-truck accident is to hire an experienced truck accident attorney. Insurance companies set up defenses and hide critical evidence. Delay in hiring a trucking lawyer could result in your losing the case. Never sign any document for the insurance company. It can wipe out all legal rights.

What should I do if I get contacted by the trucking company’s insurance company?
When you have a large truck crash you should not speak to the adjuster or defense attorney and refuse to speak to them. Refuse to sign any documents. Anything you say could be considered an admission against your legal rights. An experienced truck accident attorney should be the person who deals with the insurance company.

What if I was a passenger in the vehicle and not the driver in a truck accident?
If you are a passenger in a vehicle that collides with a truck you can get Personal Injury Protection benefits (PIP) that provide medical and wage loss benefits. You need to be careful talking to the insurance company for both the vehicle you are riding in and the trucking company. You may have claims for financial compensation against both.

Contact Manhattan Office

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

(785) 708-0800