Ottawa Truck Accident Attorney
Ottawa Truck Accident Lawyer Helping Fight Trucking Companies with Negligent Truck Drivers to Get Financial Compensation for Injury Victims.
Our Ottawa truck accident lawyers help fight trucking companies with negligent truck drivers by getting financial compensation for truck injury victims that have had a collision with a car, pickup, van or motorcycle. Our experienced Ottawa personal injury attorneys have settled hundreds of millions of dollars for our Kansas injury clients since 1983.
Truck Accident Lawyers Group (TALG) is associated with Bull Attorneys® and helps truck accident victims get the maximum financial compensation for severe injuries. TALG is a dedicated informational website with trucking attorneys that seek to educate the public about the dangers of the trucking industry.
Our Ottawa truck injury attorneys build your case so you can receive the maximum financial compensation for pain and suffering, mental anguish, medical bills, lost wages, disability ad disfigurement and all types of economic and noneconomic damages that result from a severe injury with a large truck crash with a passenger vehicle.
The 2021 Kansas Traffic Crash Book reported that Ottawa, Kansas had 211 car accidents and motor vehicle crashes with 58 injuries and 2 fatalities. Franklin County had 659 vehicle crashes resulting in 168 injuries and 4 deaths in 2021 alone.
Ottawa and Franklin County have a substantial amount of tractor-trailer traffic because Walmart and American Eagle Outfitters have large distribution centers in Ottawa drawing trucking traffic from the entire east coast to the Midwest. The BNSF MOW railroad has a central rail yard there drawing heavy trucking traffic with shipping containers making the roads unusually dangerous.
Our experienced Ottawa personal injury trucking attorneys study the FMCSR which are federal regulations designed to minimize traffic crashes, injuries, and deaths. We use the CSA BASICs in order to see if they comply with the 7 behavioral categories related to safe driving operations.
Our Ottawa truck accident attorneys use a proprietary case development system that enables our trucking attorneys to work together with our truck crash team using experienced trucking lawyers, case managers and legal assistants who work together to get you the maximum financial compensation. The team works together to maximize the value of your truck injury claim.
Our Ottawa truck crash injury lawyers work for free until you win. Our results on truck accident cases are outstanding. We handle every step of your case and our trucking attorneys provide their personal cell phone so you can communicate with them whenever you need to.
Most motor carriers fail to comply with their OP-1 oath. The oath requires a Safety Certification requiring the motor carrier to have a safety plan complying with federal regulations under the FMCSR. When they violate that oath, they act recklessly and can be sued for punitive damages to punish the trucking company.
Our Ottawa trucking lawyers will bring legal claims against the truck driver and their employer. These claims include vicarious liability since they controlled the truck driver. Additionally, we bring negligence claims for negligent hiring, training, and supervision against the motor carrier.
We help start your Personal Injury Protection (PIP) benefits with your car insurance to help get wage loss and medical bills for your initial medical care and wage loss. This enables you to get immediate specialized medical treatment for your specific injuries.
To get immediate help call TALG for a free consultation at 785-708-0800. You can write to us on our contact page.
What are The Dangerous Roads and Intersections in Ottawa?
Ottawa and Frankin County are on the southwest edge of the Kansas City metro area with connecting highways like I-35, US-50 highway, K-68 highway, and US-59. These highways all converge in or near Ottawa where heavy tractor-trailer accident is constant.
The most dangerous roads and intersections in Ottawa and Franklin County are:
- I-35 Interstate highway.
I-35 Interstate Highway extends from Kansas City and to the northeast and then runs south through Wichita and on into Oklahoma City and Dallas, Texas making it a highly traveled business routes for trucks. I-35 intersects with K-68 and US Business 50.
- K-68 highway.
K-68 highway merges with Business US-50 highway around the north of the city. US-59 intersects with the highway on the north side of the city.
- US-59 highway.
US-59 highway intersects with I-35 on the south side of the city and then merges with I-35 for a period heading north before it splits off to the north of the city becoming US-59 again. These intersections with on and off ramps provide danger to motorists. - K-68 and Eisenhower Avenue.
K-68 intersects at the area of Seventh Street and South Eisenhower Avenue creating a dangerous cluster of roads. - K-68 highway and Nevada Terrace.
The area of K-68 and Nevada Terrace surrounds the Walmart Distribution Centers making this area of Ottawa extremely dangerous because of tractor-trailer traffic. - Davis Avenue and East North Street.
Davis Avenue and East North Street surround the American Eagle Outfitters Logistics distribution center making this area of Ottawa dangerous to cars and smaller motor vehicles. - BNSF Ottawa Depot and BNSF MOW.
The BNSF Ottawa depot and BNSF MOW area of Ottawa are near Noth Main Street which brings in tractor-trailer traffic along with the railroad traffic.
What Types of Vehicles Must Follow Federal Regulations?
The FMCSA is the administrative arm of the DOT and helps issue rules and standards which ensure the safety of other motorists on federal highways. The FMCSA publishes who much comply with the Federal Motor Carrier Safety Regulation (FMCSR). The Motor Carrier Safety Planner provides this guidance.
Any vehicle meeting any of these descriptions operating across state lines must comply with federal regulations:
- Has a gross vehicle weight rating (GVWR) or gross combination weight rating (GCWR) or a gross combination weight of 10,001 pounds or more; or
- The vehicle is designed or used to transport more than 8 passengers (including the driver) for compensation; or
- The vehicle is designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation: or
- Is used in transporting material found by the Secretary of Transportation to be hazardous under 49 U.S.C. and transported in a quantity that requires placarding.
- There are some exceptions also called exemptions for farm and agricultural exemptions under the ag exemption and for some vehicles that are not traveling in interstate commerce or are driving less than a 154 air-mile radius.
- There is an exemption for Non-business Related Transportation of Personal Property. This exemptions requires that there can be no compensation for the transportation and the driver cannot engage in business related to transportation.
What are the most Serious Common Injuries from Tractor-trailer and Truck Accidents?
Tractor-trailers are normally heavy, weighing more than 10,001 lbs. and can weigh up to 80,000 lbs. J.D. Power reports that the average weight of a passenger car is usually 2,500 lbs. to 4,000 lbs. Given a fully loaded tractor-trailer having an accident with a 4,000 lbs. car, the weight differential for the truck would be 20 times heavier than the car.
The most serious common injuries for a serious truck accident are:
- Head Injuries, Concussions and Traumatic Brain Injuries (TBI).
Serious truck accidents will create long term head injuries, concussions, and traumatic brain injuries (TBI) which will cause the injured person to be unable to function properly with relationships and in employment. - Spinal Cord injuries.
Spinal cord injuries often arise from severe bone fractures to the spine with require surgery to stabilize you while healing and many require rigid neck and back braces be worn for months following your accident. - Paralysis.
Paralysis arises from fractured bones and severed nerves. This can lead to quadriplegia and tetraplegia which is close to complete paralysis or only lower body level paralysis. All these conditions change your life forever and result in substantial medical bills that sometimes exceed one million dollars. - Amputations.
Amputations occur when a limb is ripped off or you develop cuts and abrasions which become infected and develop into gangrene where the doctors slowly debride you by removing sections of your limb at a time to prevent gangrene and sepsis from leading to death. - Burn Injuries.
Given the substantial weight differential with the smaller vehicles, the truck driver and the driver and passengers of the smaller car can become engulfed in flames which usually end in death. - Wrongful death.
Semi-truck accidents annually kill thousands of drivers and passengers. In 2021, 5,788 people were killed in trucking crashes which was a 17 percent increase from 2020 according to CrashStats NHTSA.
What are the Legal Requirements to be a DOT Licensed Truck Driver?
Part 391.11 of the FMCSR requires that the driver must:
- Be at least 21 years of age.
- Speak and read English satisfactorily.
- Understand traffic signals.
- Be able to respond to official questions.
- Be able to make legible entries in reports and records.
- Be able to drive safely.
- Be physically qualified to perform the duties of the job.
- Have only one CDL.
- Pass a driver’s road tests on safe driving skills.
Who Can be Sued After a Truck Accident?
When a person is injured by a truck accident, the truck accident lawyer must determine all persons or businesses at fault. This factual determination requires substantial investigation of the accident scene, motor carrier safety profile, the employment history of the truck driver, and other complex analysis.
The usual persons and businesses that can be sued in a truck accident claim are:
- Truck driver or co-drivers when driving as a team.
The truck driver who is negligent can always be sued when negligent. It is more complicated when the truck has two drivers driving as a team with one driver resting or sleeping while the other driver operates the truck. Team drivers rarely get sufficient sleep increasing the chances of a crash. - Motor carrier or employer.
The driver may be employed as an employee, an independent contractor or through lease arrangements. In all of these circumstances the motor carrier or employer is vicariously liable for the actions of their driver when the accident happens in the course of employment or agency for the business. - Maintenance companies.
Smaller and medium sized motor carriers do not have their own maintenance departments and will hire outside contractors. When faulty maintenance causes an accident the maintenance company can be sued. - Loading companies.
Truck drivers are sent by their employers to pick up preloaded containers that are pulled in a trailer. When the weight distribution is not evenly placed or if the trailer is overloaded it can cause the tractor-trailer to shift back and forth across the roadway or cause rollovers and jackknife accidents. When a loading company was negligent and improperly loaded the trailer, they can be sued. - Manufacturers.
Safety products like tires, brakes, brake lines and wheels or other parts on the tractor-trailer may be defective products from negligent manufacturing. When the defective part causes an accident, the manufacturer can be sued. - Broker liability.
A broker is a middleman between a shipper and motor carrier. When brokers are negligent in their selection of truck driver or motor carrier and they have not investigated their safety record or crash rate the broker can be sued. There is a growing trend in states allowing negligent brokers to be sued.
What Should I Look for to Find the Best Truck Accident Lawyer?
There are common qualities that the best truck accident lawyers have in common: They are:
- Past track record of winning and settling trucking cases.
The ordinary lawyer does not handle truck litigation. In any given state there may be only a handful of truck accident attorneys that understand how to develop and win a trucking case. Ask to see past results. - Knowledge of federal regulations affecting the trucking industry.
The study of trucking accidents requires the study of federal and state regulations. There are large manuals that train motor carrier managers on these regulations. The best truck lawyer will be able to quickly explain the FMCSR and CSA BASICs. - Courtroom experience.
The best trucking lawyers will file suits against motor carriers every month of the year and be in depositions of upper level management officers over safety practices and accident rates of the particular trucking company. - Client online reviews.
Look at online reviews for satisfied clients to see if past clients gave the law firm 5-star reviews. A 5 star rating alone does not mean the lawyer understands trucking. It is important to read the content of the reviews. - Library of trucking industry training manuals.
The best trucking lawyers will have readily available textbooks, trucking industry training manuals and regulatory literature that safety directors and operations managers use for overseeing their truck drives.
Frequently Asked Questions
What questions should I ask my Kansas Truck Accident Lawyer?
The main questions to ask your Kansas Truck Accident Lawyer are to inquire as to their past experience in trucking cases, their win rate, their knowledge of the FMCSR and CSA BASICS and what type of trucking library of textbooks and training manuals they have in the office. Ask to see the library.
What is a large or heavy truck?
A large or heavy truck generally refers to a truck that weighs more than 10,000 pounds and consists of a single axle truck or can be multiple axles puling a trailer. The FMCSA performs a study called the Large Truck Crash Causation Study or (LTCCS). This study looks at how to prevent large truck crashes resulting in injury or death.
Who usually is injured in a car-truck crash with heavy trucks, 18-wheelers, and tractor-trailers?
The National Safety Council (NSC) Injury Facts reported that 71% of people injured in large truck crashes were in the other vehicle while only 27.1% of the truck occupants were injured in 2021 large truck crashes.