Have You Been Injured in a Truck Accident?
Commercial trucks, also known as 18-wheelers, big rigs, or semi-trucks, can weigh as much as 80,000 pounds. When they cause a collision, the victims can end up with catastrophic injuries. If you or a loved one is in this position, you don’t have to bear it alone.
The Kansas City truck accident lawyers at Presley & Presley, LLC have over 45 years of combined experience helping those who have been injured due to another’s negligence. When reckless driving or poor maintenance leads to a truck accident, reach out to our team. We can evaluate your case and help you understand your legal rights and options.
Call our Kansas City truck accident lawyers at (855) 981-6116 for a FREE consultation.
We've Recovered Hundreds of Millions for Our Clients
You have the right to seek financial compensation for any injuries sustained in a truck accident that was caused by someone else's negligence. Filing a claim can help you cover the cost of your medical bills, lost wages, rehabilitation, lost earning potential, and any other expenses related to the accident.
Some of our top case results include:
- $15,000,000 - Car Accident Settlement
- $5,250,000 - Tractor-Trailer Crash Verdict
Recovering the maximum amount possible is vital to your physical and mental recovery. Presley & Presley, LLC understands how complex these cases can be and we are here to put our experience and knowledge on your side. We can take care of the negotiations and legal actions—your focus should be on your recovery.
Proving Who is at Fault for Your Truck Accident
When you are involved in a truck accident, the first step in filing a injury claim is determining liability. However, proving fault for a truck accident is not always straightforward, as you will need to establish negligence.
Negligence occurs when a person or company commits an act that is either thoughtless, careless, or reckless, and causes injury to, or the wrongful death of, another person. The person who is negligent is considered principally at fault for the accident and may be held responsible in a personal injury claim or lawsuit.
To prove a truck driver was at fault, you will need to establish that:
- The driver was under the influence of drugs or alcohol
- The driver violated hours-of-service regulations or was fatigued
- The driver failed to maintain their vehicle
- The driver was using their cell-phone or was otherwise distracted
To prove the trucking company was at fault, you will need to establish that:
- The company failed in their duty to properly train the driver
- The company negligently hired a driver with a history of unsafe behavior
- The company pressured their driver into violated federal trucking regulations
- The company overloaded or improperly loaded the tractor-trailer
Is a Vehicle Parts Manufacturer to Blame?
A large number of truck accidents are caused by defective brakes and tires. When a company that manufacturers commercial trucking parts is negligent and puts defective parts on the market, it may be possible to hold them accountable for damages caused by their defective products.
Call (855) 981-6116 to get in touch with a Kansas City semi-truck accident attorney.
Protecting Your Rights Against Big Insurance
In big accidents like these, insurers are likely to dispute their clients’ responsibility simply because they do not want to pay a large settlement. Truck accidents frequently result in catastrophic bodily harm and property damage, which can put the insurance company on the hook for millions of dollars. At the end of the day, insurance companies want to make a profit, even if that means denying legit claims.
You need skilled investigators on your side to make sure your story is fairly represented. A Kansas City truck accident attorney from Presley & Presley can put together a strong case that accurately presents the harm you have sustained.
We utilize the following key pieces of evidence, and more:
- Police and witness reports
- Event data recorder or the truck's "black box"
- Accident reconstruction
- Expert testimony
In each truck accident case, we explore every possible avenue of holding the responsible party/parties accountable to help you recover the level of compensation you need. With 45+ years of combined experience, our team understands how to investigate truck accidents and fight for the rights of injured victims. Whatever the case may be, rest assured that your claim is in good hands.
Understanding Federal Trucking Regulations
One of the ways we investigate liability in a truck accident case is by looking at how the trucking company's job assignments adhere to federal regulations. Truck drivers are often pressured to meet unrealistic deadlines, and, as a result, may cause them to speed, bypass safety inspections, and forego proper rest breaks.
Our truck accident lawyers in Kansas City, MO can launch a full investigation into the company employing the driver to determine if they can be held liable for their employee’s actions. Or, if the trucker is an independent contractor, we can look at whether it is appropriate to sue them personally for breaking the rules.
- Hours-of-Service Regulations: In a study published by the Federal Motor Carrier Safety Administration (FMCSA), the percentage of crashes caused by fatigue that occur in a driver’s 12th hour on the clock is 10%. By hour 16, that number rises to 25%. That’s why there are regulations regarding how many consecutive hours truck drivers can work per day and week. Drivers who stay on the road longer than they are allowed are knowingly breaking the rules.
- The 14-Hour Driving Window: Truck drivers are allowed to drive for 11 hours in a 14-hour window. This means they have 14 consecutive hours during which they can be on the clock, but their time on the road cannot exceed 11 hours. Once a driver has reached the 14-hour mark, they are not allowed to work again until they have 10 hours of rest.
- Mandatory Rest Breaks: In addition to the 14-hour window, commercial drivers are also required to take at least a 30-minute rest break for every 8 hours of driving. When applied in the context of the rule above, this would mean a trucker who was on the road for 8 hours could stop for a 30-minute dinner and then drive for another 3 hours.
There are exceptions that may apply any time a driver stays within a 100-mile radius of their normal reporting location, returns to their workplace within 12 hours of leaving, and follows the 10-hour off-duty and 11-hour drive time requirements. Details like these are the reason why you should work with an attorney.
If you are ready to get started on your case, contact our truck accident attorneys in Kansas City for a free consultation. We are available at (855) 981-6116.