Ness City Truck Accident Attorney
Ness City Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Truck Drivers to Get Financial Compensation for Injury Victims.
Our Ness City truck accident lawyers help fight trucking companies with negligent truck drivers by getting financial compensation for truck injury victims in Ness County, Kansas that have had a truck accident with smaller cars, pickups, vans, or motorcycles. Injury victims can get increased financial compensation when dealing with serious semi-truck crash cases.
The Ness truck accident attorneys in our boutique law practice have been specially trained to help victims of commercial motor carriers and negligent truck drivers. We provide free legal representation until we win. Our trucking personal injury attorneys have settled thousands of car-truck crashes since 1983.
Our client results are some of the best settlements in Kansas for injured trucking clients. We have 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 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.
When you need a hard working trustworthy truck accident attorney who will take over your case and care for you with high regard you should consider us. We handle everything from property damage to helping negotiate payment of your medical bills and getting you financial help to live on for the remainder of your lifetime.
The 2021 Kansas Traffic Crash Book reported that Ness City had 13 motor vehicle crashes resulting in 4 injuries. Ness County had 35 motor vehicle crashes with 11 injuries.
Ness City and Ness County are in rural western Kansas and mainly known for oil and gas exploration along with oil and gas drilling companies and service companies to the oil industry. The area roads and highways are traveled by larger oil and gas service vehicles which are known to lack any safety plans or defensive driving training, making them a danger to the city and county.
Our Ness City truck injury attorneys are knowledgeable and experienced in federal regulations like the FMCSR and CSA BASICs. These federal regulations apply to all DOT licensed commercial motor vehicles. Under DOT and FMCSR crude oil and its products are considered a hazardous substances when transported by truck.
Whenever you have a car or motor vehicle accident with a large truck, oil and gas service vehicle or other business motor vehicle you need to hire a Ness County trucking attorney. You call us 24/7 for a free consultation at 785-708-0800 or write us on our contact page.
What are common types of truck accidents with 18-wheelers?
There are several different types of different trucking cases. The common types are:
- 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. - Underride accidents.
Underride accidents happen when a smaller motor vehicle approaches the back of a stopped or slowing semi-truck with an attached trailer and slides underneath the back of the truck. Underride rear impact guards are required by federal law to try and prevent these known accidents. - 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. - Wide turns.
Wide turns and improper turns are another common violation of truck drivers under Part 392.2. These types of accidents usually result with a stopped vehicle or slowly approaching vehicle coming up beside the semi-truck where the truck driver is turning from the wrong lane to make a turn on a small roadway. The smaller vehicles are always the losers. - Overloading cargo claims.
Truck drivers can have jackknife accidents, rollovers and other catastrophic types of large truck crashes from being overloaded or when they are improperly loaded where the cargo shifts in the trailer and causes the truck to jerk across the roadway or to turn over.
What are the 4 Common Injuries Arising from Big Rig Accidents?
There are many ways that an injury can occur from crashing with a big rig. Four of the most common injuries from big rig accidents are:
4 Common injuries from big rig accidents are:
- Broken Bones.
The force of the impact with a large truck can cause broken bones and fractures to your entire body and especially where you have connective skeletal and muscles with tendons like shoulder, hips, and knees. - Head Injuries, Concussions and Traumatic brain injuries.
Big rig accidents from the rear or front can cause a rapid jerking motion of the head, neck or back. This is due to acceleration and deceleration forces where your body is jerked back and forth. The severity of force can damage small nerves in your brain called axons and can cause areas of brain death. - Spinal Cord Injuries.
A spinal cord injury is where nerves in your spinal cord are damaged and quit sending appropriate signals to the brain and can cause your body to lose function and become paralyzed. - Wrongful Death.
A wrongful death is where a person dies from negligent, wanton, reckless, or intentional conduct of another driver that causes the injuries leading to the death.
What Kind of Damages are Allowed in a Big rig Accident?
Injury damages available to a big rig accident victim are:
- 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.
Are Semi-truck Accident Claims Difficult?
Semi-truck accidents are unusually difficult for a number of reasons, most of which has to do with negligence of multiple parties combined with a need for the trucking attorney to understand how to use the federal regulations and minimum safety standards of care to the injury victim’s advantage.
Reasons Semi-truck accident claims are difficult:
- Multiple parties may be at fault.
Semi-trucks involve the trucking company and other entities related to the trucking company. In many cases, more than two separate businesses are at fault for causing your crash and injuries making the cases difficult. Recognition of all negligent parties takes experience with prior big rig litigation. - Driver background must be investigated.
Very few motor carriers follow the correct background investigation of drivers required under Parts 391.21, 391.23, 391.25, 391.43, and 391.53 which includes prior employment, driving, and accident history as well as other relevant facts about the driver.
- Using the motor carrier compliance history.
When motor carriers fail to follow the FMCSR and CSA BASICs they can be out of compliance with federal law. When you obtain their motor carrier file and monthly safety violation history if they are out of compliance, it makes your case much better. Too many violations results in Alerts from the FMCSA. - Early accident scene investigation.
Semi-truck accident attorneys try to evaluate the accident scene quickly after an accident. Multiple sources are used including personal inspection, use of accident reconstruction experts, review of law enforcement investigations and when capable of being obtained, inspection of the insurance company’s own investigation.
What is the Statute of Limitations for an Injury Claim from a Collision with a Semi-Truck?
Anytime you have an injury claim from a collision with a semi-truck 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 Ness City and Ness County?
Ness City and Ness County are in Western Kansas with two major highways running north-south and east-west. The oil industry trucks and vehicles provides one source of danger to cars and pickups. The other source of danger is the cattle haulers traveling north-south from Nebraska and farther down US-183 to meat packing plants beyond Ness.
The most dangerous roads and intersections in Ness City and Ness County are:
- US-183 highway.
US-183 is a north-south highway that is commonly used by cattle and livestock haulers who are driving outside of the 150 air-mile radius under a claimed exemption. This highway travels into Dodge City and beyond. - K-96 highway. I-96 runs east-west and intersects with US-183.
S-166 highway runs east-west and connects with US-169 with two separate areas of intersection and joinder. This highway is a historic remnant of Route 66 and only has 164 miles connecting Kansas and Oklahoma.
Who Pays for Medical Bills After a Semi-truck Accident Where the Truck Driver is at Fault?
There are two several sources of payment for medical bills after a semi-truck accident. They include your own personal injury protection benefits (PIP) and when the other driver is negligent, the insurance carrier for the driver pays your medical bills. The truck driver’s insurance company will normally be responsible to pay for your medical bills.
Other parties who are at fault who can also have an obligation to pay for your medical treatment like:
- Leasing companies providing trucks and trailers.
The leasing companies can be obligated to pay for your medical bills where they have leased to an unsafe or unfit driver or motor carrier with a prior violation history. - Maintenance companies who performed negligent maintenance and repair.
Smaller motor carriers typically do not have large enough companies to do their own maintenance and contract it outside of the business. - Product manufacturers.
Manufacturers who provide defective parts for tractors and trailers like tires, brakes and safety equipment which can make them liable for a large truck crash. These are typical product liability claims for the manufacture of defective products that cause injury or death.
- Loading companies who improperly load cargo.
The FMCSR requires that all loads be properly secured. When a truck driver picks up a preloaded container and trailer that shifts during transport because of improper loading, the company loading the trailer can be liable to pay for your medical bills. - Brokers.
Brokers who negligently hire unsafe drivers and motor carriers to transport their freight are potentially liable to ay for your injuries and other financial losses.
What are 4 Common Causes of Semi-truck Accidents?
The 4 common causes of large truck crashes are:
- Driver error.
The FMCSA reported that 78 percent of rollovers were caused by driver error. - Fatigued driving.
The National Institutes of Health and NCBI reported that truck driver fatigue is associated with 13 percent of large truck crashes. - 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. - 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.
For other major causes of large truck crashes click here.
Frequently Asked Questions
How do I know if the truck driver did something wrong?
The best way to determine if a truck driver did something wrong is to hire an experienced truck accident attorney who understands the Federal Motor Carrier Safety Regulations (FMCSR). The trained lawyer will understand if the actions of the truck driver were negligent or complied with federal and state laws.
What can I do about a truck accident that disabled me?
If you were disabled by a truck accident you can file a legal claim and make a claim for future medical care and financial losses from your disability. You can get a lifecare expert to project home and car modifications. You can hire an excellent semi-truck lawyer who can help get the money for your disability needs.
Can I afford a lawyer in a truck accident case?
After a truck accident, a real truck accident injury attorney will normally take on a trucking case without any money up front. Most will pay for expenses of litigation and only seek reimbursement if they win, so the answer is yes, you can afford a truck accident lawyer.
Contact Ness City Office
- Common Types of Accidents
- 4 Common Injuries from Big Rig Accidents
- Are Semi-truck Accident Claims Difficult?
- Statute of Limitations for Injury Claims
- Most Dangerous Roads and Intersections
- Who Pays for Medical Bills After An Accident?
- 4 Common Causes of Semi-truck Accidents
- Frequently Asked Questions