Best Truck Accident Lawyers in Overland Park, KS

FAQs

• What is the non-emergency contact number for the local police station in Overland Park, Kansas?

  You may contact the Overland Park Police Department for non-emergency concerns at (913) 895-6300.

• Where can you get a copy of the police report for the accident in Overland Park, Kansas?

  Crash reports become available seven days after the crash. You can download a copy online by visiting the official website of the Overland Park Police Department and going to the "Police Reports" section. You must provide your name and the case number. You can also purchase a copy in person by going to the Sanders Justice Center at the address below: Police Records Overland Park Police Department 12400 Foster Street Open Monday to Friday from 8:00 a.m. to 4:30 p.m. Phone (913) 327-6881

• How long do you have to file a claim after a truck accident in Overland Park?

  Truck accident victims in Overland Park must file claims within two years from the date of the accident. Surviving families or legal representatives of those who passed away due to a truck accident must file a wrongful death claim within two years of the victim’s passing. This is according to Kansas Statute Section 60-513.

• Who is liable for your truck accident injuries in Overland Park?

  Truck accident cases are usually more complex than car crashes as they may involve multiple liable parties. The following can potentially be held liable for your damages:

  1. Truck driver
  2. Trucking company or the truck driver’s employer
  3. Cargo loading company
  4. Truck manufacturer A truck accident lawyer in Overland Park can help you investigate the crash and collect evidence from the trucking company, such as truck maintenance records and driver’s logs, to determine the parties at fault.

• What are the most common causes of truck accidents in Overland Park?

  The most common causes of truck accidents in Overland Park are speeding, distracted or impaired driving, poor truck maintenance, and poor driver training. The trucking industry in itself has elements that contribute to crashes, such as tight deadlines and long periods of driving on the road. These may lead to driver fatigue or the consumption of illegal substances to stay awake.

• Is Kansas a no-fault state, and how does this affect your truck accident claim in Overland Park?

  Kansas is a no-fault state. Whether you are at fault or not, you should be able to claim compensation for your damages from your own insurance policy’s Personal Injury Protection (PIP) coverage. You can sue the party who caused your injuries if your insurance coverage is insufficient to cover all of your losses. Let an experienced truck accident lawyer in Overland Park help you navigate the state's insurance laws.

• Who can file a wrongful death lawsuit for a truck accident victim in Overland Park?

  Due to the size and weight of trucks, a lot of crashes in Overland Park result in catastrophic injuries and death. In a wrongful death case, the victim’s direct heirs are eligible to file the claim:

  1. Spouse and children (parents and siblings if there is no spouse or child)
  2. Legal representative of the decedent’s estate The claimants can seek compensation for the damages the death has caused, such as mental anguish and loss of affection.

• What does a truck accident attorney do?

  A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

• Who can be sued in a truck accident case?

  Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:

  • Equipment owners, including leasing companies
  • Truck drivers who are reckless, intoxicated, or make mistakes
  • Trucking companies accountable for hiring and keeping records
  • Maintenance providers who are negligent or fail to perform routine tasks
  • Loading personnel in accidents caused by shifting loads
  • Third-party drivers, especially in multi-vehicle collisions
  • Equipment manufacturers that sell defective parts

• What do I need to know about truck accident cases in court?

  In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:

  • The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.
  • In negligence claims, the plaintiff must prove that the defendant breached this duty.
  • The plaintiff must show that they suffered damages or experienced harm.
  • Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.

  
  

• What are the common causes of truck accidents?

  Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:

  • Inadequate or improper driver training
  • Severe weather, including rain, sleet, ice, and fog
  • Dangerous roadways, potholes, and construction zones
  • Improper loading, excess weight, and shifting cargo
  • Reckless driving involving intoxication or distractions
  • Faulty equipment, such as failing brakes

  
  

• Can I sue if I was hit by a truck owned by a big company?

  Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:

  • Checking the truck driver’s record
  • Securing phone records to prove distracted driving
  • Photographing skid marks and road conditions
  • Verifying the truck’s weight and maintenance history
  • Establishing the driver’s physical and mental health
  • Reviewing logbooks to identify times of service violations
  • Checking for previous violations to establish a pattern of misconduct

  
  

• How many semi truck accidents are there per year?

  In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

• Can I sue for being hit by a semi truck?

  If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

• What should I do after a truck accident?

  The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

• How long does an 18-wheeler lawsuit take?

  Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

• Do semi truck accidents go to trial?

  Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.