Life can be overwhelming after a truck accident. The physical pain, mounting medical bills, and uncertainty about the future can leave you wondering where to turn. Fortunately, you don’t have to face this battle by yourself.
With over 45 years of combined experience and more than $1 billion recovered for injury victims, our Kansas City truck accident lawyers are here to fight for you. At Foster Wallace Personal Injury Lawyers, we believe in justice, accountability, and putting families first.
Don’t put your claim at risk. Contact our Kansas City personal injury lawyer team today for a free consultation.
Why Truck Accident Cases Are So Complicated
Truck drivers are subject to numerous local, state, and federal regulations governing how they operate their vehicles. Federal laws are overseen by agencies like the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (USDOT). To manage the intricacies of interstate commerce, they are applied uniformly across state lines.
One crucial federal regulation requires trucks crossing state lines to carry specific amounts of insurance coverage. While this can provide victims with an opportunity to recover significant compensation, the process of pursuing claims against commercial truck drivers and trucking companies is far from simple.
Our Kansas City truck accident attorneys have the knowledge, resources, and determination to take on trucking companies and their insurers, and we will fight for the maximum compensation possible for you.
How Our Kansas City Truck Accident Attorneys Can Help
When you work with us, here’s what you can count on:
- A Thorough Investigation: We’ll dig deep into the details, examining driver logs, maintenance records, and black box data. Our goal is to uncover exactly what happened and who’s responsible.
- Insurance Negotiations Handled for You: Trucking companies and their insurers often try to downplay or deny claims. Don’t worry. We’ll take the lead in dealing with them and make sure your rights are protected.
- A Rock–Solid Case: From reconstructing the accident scene to bringing in industry experts, we’ll do everything possible to build a strong case that backs up your claim.
- Fighting for Full Compensation: Whether it’s medical bills, lost income, or the pain and emotional toll you’ve endured, we’ll work tirelessly to recover the maximum compensation your case allows.
We’re here to make the process easier so you can focus on what matters most: your recovery. Let us handle the hard part.
Contact our Kansas city personal injury lawyers now.
What Are the Biggest Challenges in Truck Accident Claims?
Truck accident claims are significantly more complicated than typical car accident cases. These claims often involve severe injuries, multiple liable parties, and powerful trucking companies backed by aggressive insurance teams.
Determining Liability
One of the most complicated aspects of these claims is identifying who is liable for the truck accident. Liability isn’t always clear-cut, and multiple parties may share the blame.
Each party will try to shift blame to someone else, making it difficult to build a strong case without the help of an experienced truck accident lawyer in Kansas City.
Dealing With Insurance Companies
Trucking companies and their insurers are often prepared to fight claims aggressively to protect their bottom line. Common tactics include:
- Offering lowball settlements to pressure victims into accepting less than they deserve
- Denying liability or shifting blame onto the victim
- Delaying the claims process to frustrate victims and discourage legal action
Insurance companies representing trucking firms have deep resources and experienced legal teams on their side. Without strong representation, it’s easy to be outmatched.
Federal Regulations and Compliance Issues
Truck accidents are governed by strict federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA) and the U.S. Department of Transportation (USDOT). These regulations include:
- Hours of Service(HOS) rules that limit how long a driver can operate without rest
- Maintenance and inspection requirements to ensure trucks are safe to operate
- Cargo securement standards to prevent accidents caused by shifting or falling loads
Proving a violation of these regulations can strengthen your claim, but uncovering this evidence often requires an in-depth investigation and access to specific records, such as driver logs, black box data, and maintenance reports.
Our attorneys understand how federal regulations impact truck accident lawsuits and claims, and we have the resources to gather evidence to prove violations to solidify your case.
Accessing Critical Evidence
The trucking company or its insurer often controls key evidence in a truck accident claim. This evidence may include:
- Electronic Logging Device(ELD)Data: Tracks how long the driver was on the road before the crash
- Black Box Data: Records the truck’s speed, braking patterns, and other critical details at the time of the accident
- Maintenance Records: Shows whether the truck was properly inspected and repaired
- Dashcam Footage: May provide a clear view of what happened during the crash
Trucking companies may withhold, alter, or destroy evidence to avoid liability. A skilled commercial truck accident attorney in Kansas City can issue subpoenas and take legal action to preserve and access this information.
Serious and Long-Term Injuries
Truck accidents often result in severe and life-altering injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries, including paralysis
- Internal injuries that require immediate and ongoing medical care
- Permanent scarring or disfigurement
These injuries can lead to extensive medical bills, lost wages, and a reduced quality of life. Calculating the full extent of damages, especially future costs, requires professional knowledge and careful planning to ensure victims receive fair compensation.
Legal Deadlines
Truck accident claims are subject to strict deadlines. In Missouri, the statute of limitations for personal injury claims is five years from the date of the accident.
If the case involves a wrongful death, the deadline is reduced to three years. Failing to file by those dates can result in losing your right to compensation, making it crucial to act promptly.
Allegations of Liability Against You
Insurance companies may attempt to use biases against victims to reduce payouts. For example, they may argue that:
- The victim was partially at fault for the accident.
- Their injuries were pre-existing or exaggerated.
- Their medical treatment was unnecessary or excessive.
Missouri’s pure comparative fault rule allows victims to recover compensation even if they were partially at fault. However, their recovery is reduced by the percentage of fault attributed to them. A strong legal advocate can push back against these strategies to protect your rights.
High Stakes and Aggressive Defense Teams
The stakes in truck accident claims are high because of the significant insurance policies commercial trucking companies are required to carry.
With so much money on the line, trucking companies and insurers often hire aggressive defense teams to minimize payouts.
Common Semi-Truck Crash Injuries
Collisions with semi-trailer trucks often result in devastating injuries due to the sheer size and weight disparity between vehicles.
Occupants of passenger cars can suffer catastrophic, if not fatal, injuries after a collision with a semi-truck. Victims who survive these devastating crashes often suffer from severe injuries, including the following:
- Traumatic Brain Injuries(TBIs): Long-term cognitive or physical challenges
- Spinal Cord Injuries: Including paralysis or chronic pain
- Broken Bones: Often requiring surgeries and extensive recovery time
- Internal Injuries: Damage to organs that might not be immediately apparent
- Emotional Trauma: Post-traumatic stress disorder (PTSD) and anxiety are common after such traumatic events
Some of these injuries could be severe enough to cause permanent disability. They can drastically affect your quality of life, your ability to work, and the well-being of your family. That is why seeking help from an experienced Kansas City truck accident lawyer is critical.
Common Causes of Truck Accidents
Truck accidents often result from negligence or poor decisions. Below are common causes and their impact on victims:
Driver Fatigue
Tight deadlines push drivers to exceed federal Hours of Service (HOS) limits, impairing reaction times and decision-making.
Distracted Driving
Distractions like texting, eating, or adjusting GPS systems take drivers’ focus off the road, increasing crash risks.
Poor Maintenance
Neglected inspections lead to failures in brakes, tires, or lights, causing dangerous breakdowns.
Overloaded or Improper Cargo
Unsecured or overweight loads destabilize trucks, violating federal cargo guidelines and causing rollovers.
Speeding and Reckless Driving
Tight schedules lead to speeding, tailgating, or unsafe lane changes, reducing reaction time.
Driving Under the Influence
Drug or alcohol use impacts judgment, coordination, and reaction time, increasing crash risks.
Inexperienced Drivers
Insufficiently trained drivers may struggle with vehicle handling, safety regulations, and emergencies.
If negligence caused your accident, our Kansas City truck accident lawyers can gather evidence to hold the responsible parties accountable.
Determining Who Is at Fault in Your Truck Accident Case
Our truck accident attorneys will thoroughly interview witnesses and secure all maintenance records and driver logs. Our investigation will identify all the potentially responsible parties, which could include:
- Truck driver
- Trailer owner
- Trucking company
- Cargo loaders
- Freight loading crew
- Mechanics and inspectors
- Truck parts manufacturers
It is possible that more than one party was negligent. If so, a personal injury attorney can build a case against every one of them to get you the maximum value of your claim.
Contact Our Kansas City Truck Accident Law Firm for a Free Case Evaluation
At Foster Wallace, we understand how life-changing truck accidents can be. We know what it takes to go against powerful trucking companies and their insurers. When you work with us, you’re not just another case file; you’re family.
We’ll fight for the compensation you’re entitled to while providing the compassionate support you need during this difficult time. Don’t face the aftermath alone. Your Injury. Our Fight.
Reach out to Foster Wallace today for a free consultation, and let’s work together so you can move forward with your life.
