Have you been injured in a truck accident? Commercial trucks also called eighteen-wheeler trucks, or semi-trucks can weigh as much as 80, 000 pounds. The damage they can have in an accident is tremendous, and can leave others involved left to suffer serious and debilitating injuries.
Presley & Presley, LLC has over three decades of experience helping others who have been injured because of someone else's negligence. Contact us to schedule a free case review with an 18-wheeler accident lawyer in Kansas City. We can evaluate your case and create a plan to help you find compensation.
When you are involved in a motor vehicle accident, whether it is a passenger vehicle or a commercial vehicle such as a big-rig or eighteen-wheeler truck, determining liability is necessary. However, you should know that finding fault in a truck accident, it is difficult to say that one or the other driver is 100% at fault for causing the accident. More than likely, each driver contributed somewhat to the incident, one more so than the other.
Fault relies on proving that one or another party was negligent and thus, their actions caused the accident. When insurance companies deliberate over this, they are looking at the scene of the accident from every angle. Police reports alone are not what determine fault, although the information that they provide can be useful to provide more details about the accident.
Negligence occurs when a person commits an act that is either thoughtless, careless, or reckless and causes injury to another person. The person who is negligent is considered principally at fault for the accident and may be held responsible for a personal injury claim or lawsuit.
To prove that the truck driver was negligent in a truck accident case, the injured party—the plaintiff—must demonstrate that four elements of negligence occurred. These are as follows:
As Kansas City truck accident attorneys, we look at every possible avenue to hold others accountable for your accident. Your case may have many variables—the truck driver may be to blame because he or she was reckless behind the wheel. Or, the trucking company may be liable because they failed to ensure the truck and the equipment was up to par. Whatever the case may be, rest assured that your case is in good hands.
Truck drivers are often pressured to meet unrealistic deadlines and drive for unhealthy amounts of time. This can lead them to speed, bypass safety inspection procedures and forego proper resting breaks. Our team can launch full investigations into the company employing the driver to determine whether the employer was negligent for their employee’s actions. It is important to note there may be some instances where it may be appropriate to sue the truck driver. For example, if the driver was an independent contractor, their contract may absolve the corporation of any responsibility in their accident.
Every year , thousands of people are injured or killed by negligent truck drivers on the road. In a study published by the FMCSA, the percentage of crashes due to fatigue that occurs between hour 12 and 16, jump from 10% to 25%. Currently, there are regulations in place that legally define how many consecutive hours commercial truck drivers can work in a day and during the week to ensure their safety and the safety of others on the road. Drivers who choose to drive past these outlined hours of service are knowingly breaking the law and driving negligently. In this blog, our Kansas City injury lawyer outlines the hours of service commercial truck drivers are required to adhere by.
Commercial drivers are allowed to drive for 11 hours in a 14-hour window. This means they have 14 consecutive hours to complete their 11 hours of driving. The 14-hour window begins when the truck driver starts any work. Once they have reached that 14 hour maximum hours worked, truck drivers are not allowed to work again until they have had ten consecutive hours off of work.
In addition to the 14-hour driving window, commercial drivers are also required to take at least a 30-minute rest break for every 8 hours of driving. So this would mean a driver who drove for 8 hours could stop for a rest break and then drive another 3 hours. The rest break or meal break does not count toward the 14-hour window of drive time. There are exceptions to this rule which apply any time a driver drives within 100 mile air-mile radius of their normal reporting location, returns to their reporting place of business within 12 consecutive hours and follows the 10 hour off-duty and 11-hour drive time requirements..
Commercial truck drivers are limited to a rolling 60/70 hour work week. Unlike most industries where a work week starts on Monday and ends Friday, the work week for truck drivers is considered a rolling or floating 7 or 8 day period. For example, if a driver has accumulated a total of 67 hours during their work week of Sunday to Sunday, they would not be able to drive anymore once they reach the 70-hour limit. Once the driver has hit the 9th day in their work schedule, the last day off work drops of the schedule and they can begin driving again.
You have the right to seek financial compensation for any injuries sustained due to your accident. Your claim can be used to cover medical bills, lost wages due to being unable to work, rehabilitation, lost earning potential, and any other expenses related to the incident.
Presley & Presley, LLC understands how complex these cases can be. That is why you should leave the legal aspects and negotiations to an 18-wheeler accident lawyer Kansas City with our team. Your focus should be on your health and your recovery.
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