Cattle Truck Accident Attorney
Cattle Truck Accident Lawyer Fighting Negligent Truck Drivers Hauling Cattle and Livestock to Get Financial Compensation for Injury Victims.
Our Cattle truck accident lawyer fights negligent truck drivers and trucking companies hauling cattle or livestock across Kansas or the Midwest. We help truck accident victims get financial compensation when injured in a Cattle Hauling or Livestock Hauling car-truck accident.
A CDC study on fatalities caused by reported that four states, Iowa, Kansas, Missouri, and Nebraska accounted for 16 percent of the nation’s approximate 985,000 cattle operations. This information means that motorists in passenger vehicles and pickup trucks must be cautious when driving through these four states because of the high likelihood of having a collision with a cattle truck.
Our car and truck injury law firm has been helping injured Kansans since 1983, winning millions of dollars for car and truck accident victims. We have outstanding results on tractor-trailer accident cases where a motor carrier is hauling cattle or other livestock.
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 experienced cattle truck accident lawyers apply the FMCSR to large truck crashes. Our experienced trucking lawyers know how to get out of the agricultural exemption on maximum hours of driving. We help get higher financial compensation because of our knowledge of the CSA BASICs which help prove the motor carrier has unsafe violations of federal regulations.
Our cattle truck accident attorneys help you receive financial compensation for pain and suffering, mental anguish, loss of enjoyment of life, scarring and disfigurement, medical bills, wage loss and all other financial losses from your truck accident. We bring claims for all of your economic and noneconomic damages.
Our livestock truck accident lawyer will take care of every step of your case. We handle all of the following.
Do accident scene investigation. We perform immediate scene investigations to save critical evidence to prove the other driver was at fault.
File insurance claims with your insurance and the other party’s insurance company. We file claims for your Personal Injury Protection (PIP) Benefits with your insurance company to start your wage loss and get payment for your medical bills. We file claims against the truck driver and their employer for your property damage and injuries.
Help find the best doctors. Most people in rural areas that have accidents with cattle trucks and livestock haulers do not have access to great medical care. We have a network of excellent doctors, therapists, and surgical centers to make sure your get proper medical treatment.
Take statements of witnesses and drivers. Our investigative team take immediate statements of witnesses and drivers to preserve their testimony to prove the truck driver was at fault.
Negotiate your case settlement. Once we know you are medically stable, we write settlement offers and present all evidence to the insurance company for the cattle truck driver and trucking company to attempt to settle your case without a lawsuit. File suit on your behalf when the settlement is unfair. When the insurance company makes a low offer, a cattle truck accident lawyer will file a lawsuit on your behalf right away.
Help negotiate medical bills down. Once your case is settled, we help negotiate down outstanding medical expenses.
The 2021 Kansas Traffic Crash Book reported that Kansas over 57,598 traffic crashes in 2021. That same year Kansas had 3,316 heavy/large truck accidents resulting in 965 injuries and 81 fatalities. Livestock and cattle haulers fall in the category of heavy/large truck accidents.
When you hire TALG you get experienced livestock truck accident attorneys who have helped Kansans for four decades. Our team approach uses a proprietary and confidential case development method that helps win cattle hauling accident cases. Your team will include a truck accident attorney, a legal assistant, and a case manager.
Write us on our contact page or call us night or day for a free consultation at 316-330-9200. You can talk to a cattle truck accident attorney 24 hours a day. A cattle truck accident lawyer will answer the phone at night and on weekends and holidays.
What are the Common Causes of Cattle and Livestock Hauling Truck Accidents?
Cattle and livestock hauling have common causes that tell us why these truck drivers have so many accidents. The types of livestock hauled include cattle, pigs, and poultry.
The common causes of cattle and livestock hauling truck accidents are:
- Fatigue.
A 2008 article entitled “Exploring the causes of livestock trucking accidents” published on trucknews.com reported that Jackie Woods studied 415 livestock accidents finding that fatigue was the number one cause of the cattle hauling accidents. Her study found 85% of the cattle and livestock accidents were the fault of the truck driver. - Nighttime driving.
The same study by Ms. Woods found that 59% of the livestock truck accidents happened between midnight and 9 am. She reasoned that many of these accidents are because meat processing companies want to begin the morning kill with out of town livestock which pushes the truck drivers to drive overnight. - Lack of rest areas to feed and rest livestock.
Federal law requires that livestock get rest, feed, and water, however there are very few rest areas which causes truck drivers to drive extended hours without stopping. The extended driving leads to distraction, fatigue, and inattention. - Lack of training.
Ms. Woods reported that many of these livestock accidents could be avoided by training drivers on how to handle the shifting livestock. The industry developed a program called Transporter Quality Assurance (TQA) program and the Certified Livestock Transporter (CLT) program, but very few livestock haulers get the necessary training and online certification. - Exceeding the maximum hours rules of the FMCSR.
Truck drivers hauling cattle that drive beyond the 150 air-mile rule under the agricultural exception are required to drive with limitations on their hours under Part 395. The problem is that many cattle haulers incorrectly believe they are immune from Part 395 and maximum hours of service rules. - Rollovers.
Rollovers happen because the weight of cattle makes the trailer top heavy. Cattle trucks roll more often than other livestock. Woods found that cattle trailers overturn to the right side 84% of the time. A study by Ruhl Forensics and Wilson trailers found that a loaded cattle trailer “rarely exceeds five degrees before reaching the point of imminent rollover.” - Head-on accidents.
In Kansas and the great plains, high wind conditions often exist along with bad weather. Truck drivers hauling cattle and livestock are required to slow down and cease operations when the weather conditions become sufficiently dangerous under Part 392.14 High winds and bad visibility can cause a truck driver to drive on the wrong side of the road.
Are Livestock Haulers Required to Have Driving Logs?
Livestock haulers claim exemption to having to use driver’s logs. The FMCSA Commodity Fact Sheet allows an exemption to HOS rules only when driving from a point 150 air-miles from the source of the livestock and point of delivery which falls under Part 395.1(k)(4). Once a driver operates beyond the 150 air-mile radius the HOS regulations apply.
Many cattle haulers traveling through Kansas drive in excess of the 150 air-mile rule. Cattle hauling truck accident lawyers know that these truck drivers make their way from Nebraska into Kansas to meat processing plants. These drivers act recklessly because of their desire to get the cattle to slaughter without the livestock shrinking and losing weight from stress.
What is Shrink in Beef Cattle During Transport?
Shrink in cattle is weight loss to the animal when being transported from the pickup location to the delivery location. During transport, the cattle are taken off food and drink and the longer the transport the more stress the animal has. The animal can shrink 5% in weight in only 8 hours of transport.
Shrink becomes more substantial when the truck driver overcrowds the cattle truck, fails to stop for rest and water, or drives longer driving times. Ultimately, there is an economic loss to the cattle shipper. The motor carrier and truck driver can be penalized through fines and penalties because the total value of the cattle shipment becomes lower.
To combat shrink many cattle haulers drive fast and dangerously trying to get the cattle to the delivery point in the shorted period of time. This thought process causes the truck drivers to drive through severe weather conditions when they should stop.
Motorists who see approaching cattle and livestock haulers must exercise great caution to avoid these tractor-trailers. They normally drive fast, are in a hurry and disregard both state and federal laws.
Why are Accident Cases with Cattle Trucks Difficult?
An accident case involving a passenger vehicle and cattle truck or livestock truck can be difficult to win. The primary reason the cases are difficult is that cattle haulers rarely complete driver logs because they are misinformed about the agricultural exemption limitation. They are also difficult to win because proving the driving time of the driver is difficult.
The 4 reasons that cattle truck accident cases are difficult are:
Agricultural exemption claims. Truck drivers can have multiple pickup sources. They try to add the different pickup sources claiming each gives them a new 150 air-mile radius. The FMCSA has disagreed with these claims. Regardless, cattle haulers continue to drive without logs even when required to do so.
Finding trip documents to establish driving time. Cattle haulers may hide trip documents like fuel receipts, toll road receipts, and other documents that can establish the true driving time and length of miles. Bills of lading are usually the most helpful in establishing pickup and delivery locations for route calculation.
Cattle brokers and shippers wrongly believe they do not have to comply with the FMCSR. Because the motor carrier, cattle brokers, and shipping companies mistakenly think they have always had an agricultural exemption they fail to comply with the FMCSR. This makes the job of the cattle truck accident attorney more difficult in proving if the regulations apply and were violated.
Dispatch records may be nonexistent. Brokers and motor carriers transporting cattle and livestock often are one man operations. The drivers pick up their loads based on phone instructions or text instructions. Obtaining the actual dispatch records becomes a difficult task. Cattle truck lawyers know they must get phone and text records to establish dispatch instructions to prove negligence.
How long is the Statute of Limitations for an Accident With a Cattle Truck?
Cattle truck accidents have the same statute of limitations as other car and motor vehicle accidents. In Kansas, there is a two-year statute of limitations under Kansas statute 60-513. Minors have a longer period of time depending upon their age. Contact a cattle truck accident lawyer while you still have. time.
What are The Dangerous Roads and Highways Used to Transport Cattle in Kansas?
In order to determine the main highways in Kansas traveled by cattle haulers it is important to know the roads in Kansas which lead to cattle feedlots.
Highways in Kansas leading to feedlots are:
- US-83 highway.
- US-24 highway.
- US-40 highway.
- US-54 highway.
- K-27 highway.
- K-25 highway.
- US-400 highway.
- US-56 highway.
Cattle haulers traveling to meat processing plants in Kansas use some of the following highways to deliver cattle:
- K-25 highway and US-36 highway. K-25 and US-36 lead to the Ben-Lee meat processing plant.
- US-54 highway and US-83 highway. US-54 and US-83 both lead to National Beef Packing.
- US-77 and K-57 highways. US-77 and K-57 highways lead to Diamond A. Processing.
- I-35 interstate highway and US-69 highway. I-35 and US-69 lead to the area near MPS North America.
- US-400 and US-283 highways. US-400 and US-283 highways are highways leading to Cargill Dodge City.
- US-400 and US-83 highways. US-400 and US-83 highways lead to Tyson in Holcomb, Kansas which is close to Garden City, Kansas.
What are the 5 Worst Types of Injuries Caused by Cattle Truck Accidents?
Cattle haulers usually have shifting loads of heavy cattle causing the cattle trucks to cross the center lane where head-on accidents happen or the entire tractor and trailer rollover. Both of these types of cattle truck accidents result in severe injuries to the occupants of smaller passenger vehicles.
- The 5 worst types of injuries caused by cattle hauling truck drivers are:
- Broken bones and severely fractured bones.
A head-on collision with a cattle truck will almost always result in severe bone breaks and fractures. Likewise, rollover accidents will slide into the adjacent motor vehicles and will result in severe fractures to the spine, shoulders, hips, legs, hips, and pelvis. - Head injuries and traumatic brain injuries.
Head injuries including concussions, skull fractures, brain hemorrhage and traumatic brain injuries (TBI) are a frequent resulting injury to occupants in other vehicles colliding with a cattle truck. - Spinal Cord Injuries.
Cattle truck accidents can cause severe spinal cord injuries (SCI) resulting from head-on crashes and rollovers can lead to retropulsion burst fractures in the spine, spinal cord swelling and central cord compression injuries. These severe injuries usually leave the injured person with some form of paralysis, like paraplegia, tetraplegia, or quadriplegia. - Internal organ injuries.
Cattle trucks that overturn or cross the center line will cause massive forceful crush injuries to the people in smaller vehicles and can leave them with internal organ damage where organs are removed, operated on and the body’s normal functioning stops. Many do not survive. - Wrongful Death.
Head-on crashes with cars and pickups can easily result in wrongful death to the occupants. Rollovers cause the cattle truck to take up more than one lane and can cause such forceful damage to the smaller vehicles that the occupants my live for a short period of time, even days and weeks prior to death.
Frequently Asked Questions
Is hauling livestock hard?
Hauling livestock like cattle and pigs can be very hard for the truck driver because they must weigh the well-being of the animals against making on time deliveries to prevent shrinkage. This decision can result in economic loss to the cattle owner and shipper.
Is cattle hauling profitable for the truck drivers?
Cattle hauling is one of the more profitable types of jobs for truck drivers with self employed truck drivers earning higher than the general truck driver and can easily make more than $40,000 to over $100,000 annually.
What education is required for a livestock hauler?
Livestock haulers must have a high school diploma, or a GED certificate and possess a commercial driver’s license (CDL).
Locations We Serve
With physical offices in Kansas and Texas, the Truck Accident Lawyers Group is ready to represent injured people who have had a motor vehicle and truck accident anywhere in the United States. Make sure you hire an experienced truck accident lawyer who understands the safety rules under the FMCSR.
