Truck Accident Attorney in Kansas City, Missouri
When an accident with an 18-wheeler, semi-truck, or another large truck occurs, the consequences can be catastrophic and deadly. Unfortunately, truck accidents are not uncommon in Kansas City and other parts of Missouri.
If you or your loved one was in a truck accident, you need the resources and experience of a skilled attorney on your side. At Burgess Law Firm PC, our truck accident attorney in Kansas City, Missouri, has the skills required to help you pursue the compensation you and your family deserve. Contact our office today so we can discuss how our attorney can protect your rights. We serve accident victims and their families throughout the Kansas City Metro area.
Laws That May Affect Your Claim After a Truck Accident
There are a number of state and federal laws and regulations that commercial vehicle operators must obey. Some of the regulations imposed by the Federal Motor Carrier Safety Administration are:
Hours of service. Under federal law, truck drivers are allowed to drive up to 11 hours during the duty period and must keep logs for every trip. There is also a prohibition on driving for more than 70 hours over eight consecutive days.
Inspection & maintenance. Commercial trucks must be inspected before and after each trip, and truck drivers must keep a record of proper truck maintenance. The inspection requirements include checking lights, doors, windows, side mirrors, reflectors, tire pressure, liquid and fuel levels, and other elements.
Bad weather safety. When driving in adverse weather, truck drivers must adjust their driving speed to the weather conditions and visibility. Federal law requires truck drivers to reduce speed by about one-third on wet roads and by half on snow-packed roads.
In Missouri, operators of semi-trailers, tanker trucks, and other large trucks must obtain a Commercial Driver’s License (CDL). The requirements to get a CDL in Missouri include being at least 18 years of age and having a clean driving record.
Another law that may affect your claim for compensation after a truck accident in Missouri is the statute of limitations, which is the length of time the injured party or surviving family members can bring a personal injury claim or a wrongful death lawsuit, respectively. Under Missouri law, injured victims have five years from the date of the accident to bring a personal injury claim. The deadline for wrongful death claims is shorter: three years from the date of the death.
Assessing Liability After a Truck Accident
Contrary to what many people might think, not all truck accidents occur as a result of a driver’s negligence or error. Many factors come into play when assessing liability after a truck accident. Potentially liable parties may include:
The truck driver. Negligence on the part of the truck driver is a common contributor to devastating truck accidents. If the driver of the truck was negligent, they could be held responsible for the resulting injuries, deaths, and losses.
The trucking company. The company that employs the truck driver may share liability for the accident. Under certain circumstances, the trucking company may be fully at fault for causing the accident.
The owner of the truck. Not all people who drive trucks are truck owners. For example, if the truck was not properly maintained by its owner, the owner may be responsible for causing or contributing to the accident.
The cargo loader. When truck accidents are caused by overloaded or improperly secured cargo, the cargo loader may be liable for the resulting damages and losses.
The maintenance company or mechanic. Trucks must be properly maintained and serviced. If the company or individual whose duty is to perform necessary maintenance fails to maintain the truck to proper standards, they could be liable for the accident.
The manufacturer. When truck accidents occur because of defective vehicle parts, the manufacturer of the vehicle and/or its parts could be held at fault for causing the accident.
Identifying liable parties after a truck accident can be a challenging task. In fact, there may be multiple at-fault parties in a truck accident case, which can make the process of assessing liability even more confusing and complicated. At Burgess Law Firm PC, our personal injury attorney in Kansas City, Missouri, can help review your particular situation and assess liability.
Filing a Claim for Compensation After a Truck Accident
The process of seeking compensation after a truck accident is different depending on whether you are the victim or representing a loved one who was incapacitated or lost their life in the accident:
You are the victim. If you were injured in a truck accident, do not delay medical attention. You need proper documentation of your injuries before filing a personal injury claim. You can seek compensation for your injuries and related damages by filing a claim against the at-fault party’s insurance or suing the at-fault party(s).
You are representing a loved one. If someone you love was incapacitated or killed in a truck accident, you and other surviving family members might be able to pursue financial compensation on their behalf. If your loved one died in the accident, surviving family members might be able to pursue a wrongful death lawsuit against the at-fault party.
In either situation, it is best to talk to an experienced attorney. Your attorney can help you navigate the legal process and will protect your right to compensation every step of the way.
Truck Accident Attorney in Kansas City, Missouri
At Burgess Law Firm PC, our truck accident attorney represents injured victims and surviving family members of those killed in trucking accidents in Kansas City, Missouri, and other parts of the Kansas City Metro area. We will provide you with the personalized attention you deserve and the compassionate guidance you can trust. Schedule a free consultation with our attorney to discuss your legal rights and options.