If the accident was caused by a cargo problem, you could sue the shipping company, the cargo owner, or whoever was responsible for loading the truck.
Statistics from the Kansas Department of Transportation show that there are approximately 3,800 collisions in the state each year involving large drilling rigs or semi-trailers. On average, 70 Kansas residents are killed and thousands more injured in truck accidents. Most victims (over 75%) were passengers in passenger vehicles.
If you have recently been injured or lost someone in one of these types of car accidents, you need to contact a trusted Kansas truck accident attorney. Time is of the essence in such accidents and you are dealing not only with the truck driver but with his employer as well. Large trucking companies can afford to have ferocious lawyers on their payroll, so it’s nearly impossible for you to win a truck accident claim without legal representation.
Who pays for damages in truck accidents in Kansas?
kansas is a no fault status, which only complicates when you are injured in a car accident.Since all Kansas motorists are required to carry Personal Injury Protection (PIP) Insurance, you can recover part of your financial loss from your own insurance company. And you don’t have to bother to prove that the truck driver is responsible,
Unfortunately, you can cover up to $4,500 in medical expenses if you have minimum coverage. If you are seriously injured, this amount will not be enough to cover your medical bills.
Skilled Kansas truck accident attorneys say the majority of cases they handle involve serious, often life-altering injuries, including:
- spinal injury
- traumatic brain injury
- multiple fractures
- burn
- Visceral damage
If you are seriously injured, you will have to go beyond the no-fault law, and Filing a personal injury or wrongful death claim under tort law.
To determine who is responsible for your losses, you must immediately hire a dedicated attorney to handle the case.
How to determine the responsibility of traffic accidents?
Your attorney will thoroughly investigate the accident to determine who you can sue. Here are the most likely scenarios.
sue the truck driver
If the police report and your attorney find that the accident was caused by speeding, distracted driving, and other types of reckless driving, the truck driver will be held solely responsible for the accident. Federal law prohibits commercial drivers from using handheld mobile devices. However, this scenario is difficult to prove. For example, your attorney will have to request data usage from the truck driver’s cell phone company.
The problem is, even if you can prove that they were to blame for the crash, you may not be able to recover all of your losses. Many truck drivers only have the minimum coverage, about $25,000.
File a claim with the shipping company
You can file a claim against the trucking company’s insurance or sue them if:
- Accidents are caused by mechanical failures, such as brake or steering system failure or a flat tire.
- The truck driver was drunk. This person could face criminal charges, but your attorney could sue the employer for negligence if the company fails to submit its employees for drug and alcohol testing as required by federal regulations.
- The accident was caused by driver fatigue. Of course, if a truck driver fails to comply with federal time-of-service regulations, he will be liable for damages. However, employers can also be held liable if they knew or should have known about such breaches.
Trucking companies operating across state lines must carry liability coverage of $750,000, or up to $5 million if they transport hazardous materials.
Hold the shipping company accountable
If the accident was caused by a cargo problem, you could sue the shipping company, the cargo owner, or whoever was responsible for loading the truck. If the cargo is not properly balanced and secured, sudden movement can result in a rollover, one of the most dangerous types of truck accidents.
