Kansas City Truck Accident Attorneys
We've Recovered Hundreds of Millions for Our Clients
Have you been injured in a truck accident? Commercial trucks, also called eighteen-wheelers 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.
Our team at Presley & Presley, LLC has over 45 years of combined experience helping those who have been injured because of another’s negligence. When reckless driving or poor maintenance practices lead to a truck accident, reach out to our team. We can evaluate your case and help you understand your legal rights and options.
Call us now at (855) 981-6116 to schedule your free consultation.
Who Is at Fault in a Truck Accident?
When you are involved in any motor vehicle accident, whether with a passenger vehicle or a commercial vehicle such as an eighteen-wheeler truck, the first step in filing an injury claim is determining liability. However, proving fault in a truck accident is not always straightforward.
Liability relies on proving a certain party’s negligence caused the accident. In big accidents like these, insurers are likely to dispute their clients’ responsibility simply because they do not want to pay the bills. They are all looking at the scene of the accident from every angle. You need skilled investigators on your side as well to make sure your needs aren’t ignored.
To prove a truck driver was at fault in a truck accident, the injured party—the plaintiff—must demonstrate that 4 elements of negligence occurred. They are as follows:
- The truck driver should have understood the rules of the road and driven in a way that would not jeopardize the safety of others.
- The truck driver went against that duty and did not execute safe driving practices and/or failed to pay attention to some danger or harm.
- The truck driver’s action or lack of action led to the plaintiff’s injuries.
- The plaintiff suffered damages as a result.
Potential Causes of Truck Accidents
Determining fault is not always easy because of the many ways negligence can contribute to truck accidents. Common causes include:
- Defective equipment
- Truck driver negligence
- Drunk driving
- Auto product liability
- Violations of federal trucking standards
- Lack of proper maintenance for the vehicle
Often, two or more of these reasons can coincide, meaning multiple insurers will be involved. While these companies are busy advocating for themselves, you need someone to advocate for you.
Holding Negligent Parties Accountable
In each truck accident case, we explore every possible avenue of holding others accountable and helping you receive compensation. These cases often have many variables, as you can see. With our 45+ years of combined experience, our team understands how to investigate accidents and fight for you. Whatever the case may be, rest assured that your claim is in good hands.
Liable Parties in Truck Accidents
Commercial accidents are always complex, and that is true in truck accidents as well. One or more companies are likely to hold at least some of the blame. One of the ways our team investigates liability is by looking at how trucking companies’ job assignments adhere to federal regulations.
Truck drivers are often pressured to meet unrealistic deadlines and drive for unhealthy amounts of time. This can lead them to speed, bypass safety inspections, and forego proper rest breaks. Our team can launch a full investigation into the company employing the driver to determine whether they may 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 choosing to break the rules.
Truck Driver Hours of Service Limits
In a study of long-haul truck drivers published by the Federal Motor Carrier Safety Administration (FMCSA), the percentage of crashes due to fatigue that occur in a driver’s 12th hour on the clock is 10%. By hour 16, that number has increased to 25%. That’s why there are regulations regarding how many consecutive hours commercial truck drivers can work per day and week. Drivers who stay on the road longer than they are allowed are knowingly breaking the law and driving negligently.
The 14-Hour Driving Window
Commercial 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 for the day, they are not allowed to work again until they have 10 hours of rest.
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. 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. Any rest break or meal break does not count toward their 14-hour window for driving.
There are exceptions that may apply to this rule 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 working with an experienced attorney makes a big difference.
60-70 Hour Rolling Weekly Limit
Commercial truck drivers are limited to 60-70 hour workweek. Unlike most industries where a workweek starts on Monday and ends on Friday, a trucker workweek is a rolling 7- or 8-day period. For example, if a driver has accumulated a total of 67 hours during their workweek of Sunday to Sunday, they can only drive for 3 more hours until their week resets. Once the driver has hit the 9th day in their work schedule, the previous first day drops off the schedule and they can begin driving again.
Put 45+ Years of Experience on Your Side
You have the right to seek financial compensation for any injuries sustained in a truck accident caused by another negligent party. Your claim can help you cover medical bills, lost wages, rehabilitation, lost earning potential, and any other expenses related to the accident. Recovering the maximum amount possible is vital to your recovery and your options afterward.
Presley & Presley, LLC understands how complex these cases can be. 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 health and recovery.
If you are ready to get started with your truck accident claim, call our team for a free consultation. We are available at (855) 981-6116.
“Thank you for all the time, effort and hard work.”- Michael
“The caring and extremely professional staff has made this battle bearable.”- Georgia
“They relentlessly worked hard on my case I would recommend them a 1000 times over!!!!”- Rebecca
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