Commercial vehicle accidents can result in devastating consequences for the victims involved. Understanding the common causes of these accidents and the complexities of liability can be crucial in pursuing justice and compensation. Various factors contribute to commercial vehicle accidents, and it’s important to know how liability is determined, and the process of seeking compensation with the help of a Kansas City commercial vehicle accident lawyer. With the assistance of experienced attorneys like Holman Schiavone Law, LLC, you can navigate the legal process and secure the compensation you deserve.
Accidents involving large commercial vehicles such as semi-trucks, garbage trucks, and delivery vans can happen in an instant and change lives forever. At the Kansas City law office of Holman Schiavone, LLC, we offer personal injury representation to individuals injured in all types of motor vehicle accidents.
Don’t let the financial and emotional burdens of a commercial vehicle accident overwhelm you. Call our Kansas City office at 816-399-5149 or contact us online today to schedule a consultation. At Holman Schiavone, LLC, we are committed to helping you pursue justice and the compensation necessary for your recovery.
Understanding Commercial Vehicle Accidents in Kansas City
Commercial vehicle accidents, such as Kansas City truck accidents, can be caused by various factors, including driver fatigue, improper loading, and inadequate training. Between 2016 and 2018, there were 86 commercial truck crashes with serious injuries in Kansas City. These accidents can have severe consequences, such as catastrophic injuries, costly medical bills, and even wrongful death.
In the wake of such a devastating event, having the knowledgeable legal team of Holman Schiavone Law, LLC by your side to steer through liability complexities and advocate for rightful compensation from the insurance company is of utmost importance.
Driver Fatigue and Hours of Service Regulations
Driver fatigue is a common cause of commercial vehicle accidents, as it can impair a driver’s ability to safely operate the vehicle. Hours of service regulations aim to prevent driver fatigue by limiting the number of hours a commercial vehicle driver can drive in a day and week, as well as mandating rest breaks.
In Kansas City, drivers are required to observe a maximum of 10 hours of driving following 8 consecutive hours off duty, and a maximum of 14 hours on duty, encompassing driving and non-driving activities.
Improper Loading and Cargo Securement
Improper loading and cargo securement can lead to dangerous situations and accidents involving commercial vehicles. Incorrect loading and cargo securement can cause cargo to shift or fall off the vehicle, resulting in a loss of control and potential accidents. The Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) govern the federal regulations for commercial vehicle loading and cargo securement, ensuring the safe and secure transportation of cargo.
Accidents caused by inadequate loading and cargo securement in commercial vehicles can include jack-knifing and accidents due to improperly secured or loaded cargo. Safety procedures for loading and securing cargo in commercial vehicles include ensuring the center of gravity of the load is on the longitudinal centerline of the vehicle, regularly inspecting all ratchet straps for signs of damage, and utilizing appropriate securing devices such as straps, chains, or nets to prevent the cargo from shifting during transit.
Inadequate Training and Licensing
Inadequate training and licensing of commercial vehicle drivers can contribute to accidents and liability involving commercial trucks. It is the responsibility of trucking companies to ensure that their drivers are adequately trained and that their vehicles are inspected and maintained regularly, complying with state and federal trucking regulations.
Inadequate training and licensing can result in:
- Drivers not being equipped with the necessary skills to properly operate the vehicle
- Drivers not being able to address unexpected scenarios
- Increased risk of accidents and potential liability
Commercial vehicle drivers in Kansas City are required to meet specific training requirements, including:
- Being at least 18 years of age
- Possessing a valid Kansas driver’s license
- Procuring a Kansas Commercial Learner’s Permit (CDL)
- Fulfilling mandatory training on recognizing and responding to potential security threats
Ensuring that all drivers are properly trained and licensed is a crucial step in preventing commercial vehicle accidents.
Navigating Liability in Kansas City Commercial Vehicle Accidents
Liability in commercial vehicle accidents can be a complex issue, as it can involve the truck driver, trucking company, and third parties, depending on the circumstances. In Kansas City, liability in commercial vehicle accidents is established through a comprehensive investigation that takes into account the multiple parties and elements involved in the incident.
Identifying the responsible party for the accident is a key step towards securing deserved compensation for the victim.
Truck Driver Liability
Truck drivers can be held liable for accidents if they were negligent or violated regulations. Frequent causes of commercial vehicle accidents attributed to truck driver negligence include:
- Distracted driving
- Fatigue
- Lack of proper training
- Speeding
- Failure to maintain proper distance
- Impaired driving
Truck drivers in Kansas City are required to comply with safety regulations in the trucking industry to ensure the prevention of accidents and the safety of other road users.
Evidence that can be used to establish a truck driver’s liability in commercial vehicle accidents includes police reports from the accident, forensic evidence from the scene of the accident, and cell phone records of the truck driver. Determining the truck driver’s liability is a vital step in seeking compensation for the accident victims.
Trucking Company Liability
Trucking companies can be held accountable for commercial vehicle accidents through various means, such as:
- Negligent hiring and training
- Negligent maintenance
- Violation of regulations
- Negligent supervision
- Vicarious liability
In Kansas City, the principle of vicarious liability is applied to commercial vehicle accidents to hold trucking companies responsible for the actions of their employees. Thus, if a truck driver causes an accident while performing job-related tasks, the trucking company can be held liable for the damages.
Negligent hiring is a significant factor in determining trucking company liability in Kansas City commercial vehicle accidents. This refers to the failure of a trucking company to adhere to proper screening and hiring practices to ensure the hiring of qualified and competent drivers. Should a trucking company hire a driver with a history of accidents or violations, and that driver subsequently causes an accident, the company can be held liable for negligent hiring, resulting in the company being responsible for providing compensation to the victims of the accident.
In addition to hiring practices, trucking companies can also be held liable for inadequate training and supervision of their drivers. Improper training can lead to drivers being ill-prepared to handle the challenges of operating a commercial vehicle, which can result in accidents. Furthermore, inadequate supervision can result in drivers not being held accountable for unsafe driving practices, leading to accidents and potential liability for the trucking company.
Third-Party Liability
Third parties, such as manufacturers or maintenance providers, can also be held liable in commercial vehicle accidents. A manufacturer may be held liable if the accident was caused by a defect in the vehicle or its equipment, making the manufacturer accountable for any damages and truck accident injuries. Maintenance providers may be held liable if their failure to adequately maintain the vehicle was a contributing factor to the Kansas City truck accident.
To establish third-party liability in a commercial vehicle accident case, the plaintiff must demonstrate that the third party had a duty of care, breached that duty, and that the breach directly caused the damages suffered by the plaintiff. Pinpointing all liable parties is a key move towards making sure the victim is rightfully compensated for their injuries and losses.
Pursuing Compensation for Your Kansas City Commercial Vehicle Accident
Victims of commercial vehicle accidents in Kansas City can pursue compensation for both economic and non-economic damages. Accurate damage calculation is vital when seeking compensation for a commercial vehicle accident, as any inaccuracies may lead to missing out on deserved compensation.
An experienced city truck accident lawyer, like those at Holman Schiavone Law, LLC, is well-equipped to evaluate and calculate the full extent of losses associated with a truck accident. Our team of truck accident lawyers and truck accident attorneys has a proven track record of success in handling such truck accident cases, making them the go-to choice for city truck accident lawyers.
Economic Damages
Economic damages refer to medical expenses, lost wages, and property damage. The amount of economic damages is determined by taking into account factors such as medical bills, lost wages, and other financial losses incurred due to the accident. A Missouri personal injury attorney can help to assess the full extent of economic damages.
In addition to recovering compensation for medical expenses already incurred, victims may also be eligible to receive compensation for future medical bills and ongoing treatment from a trucking accident.
Non-Economic Damages
Non-economic damages in a commercial vehicle accident case may include pain and suffering, emotional distress, and loss of enjoyment of life. Non-economic damages in Kansas City are defined as the compensation granted to an injured individual for the repercussions of an injury that cannot be quantified in monetary terms. These damages encompass pain, suffering, emotional distress, loss of companionship, and wrongful death.
The exact calculation method for non-economic damages may vary depending on the specific situation and applicable laws, but it typically takes into account factors such as:
- Pain and suffering
- Embarrassment
- Loss of ability to enjoy life’s pleasures
- Emotional anguish
- Reputational damage
- Loss of enjoyment of activities
It is important to note that Missouri has a law that may limit compensation for both economic and non-economic damages in personal injury cases. It’s important to speak with your truck accident attorney at Holman Schiavone Law, LLC to learn more.
The Importance of Evidence in Commercial Vehicle Accident Claims
In commercial vehicle accident claims, evidence such as police reports, witness statements, and professional testimony is key. Collecting and documenting such evidence can play a pivotal role in determining liability, establishing case facts, and providing additional claim support.
Working with an experienced attorney, like those at Holman Schiavone Law, LLC, can ensure that all relevant evidence is collected and utilized to build a strong case.
Police Reports and Accident Scene Documentation
Police reports and accident scene documentation can provide valuable information for building a strong case. Police reports in a commercial vehicle accident in Kansas City typically provide identifying information such as:
- Names
- Birthdates
- Addresses
- Genders of the parties involved
The report also includes documentation of the accident and any citations issued. The report serves as an official record of the incident and can be used as a valuable piece of evidence in determining liability and can have a major influence on the resolution of the claim.
Accident scene documentation generally contains information such as:
- Weather and road conditions
- Property damage
- Personal injuries
- Names and contact information of the other driver(s)
- Insurance information
- Photographs of the scene
- Any other pertinent details
Collecting and preserving this information can be an essential aspect of building a successful commercial vehicle accident claim.
Witness Statements
Witness statements can help establish the facts of the accident and support your claim. To properly collect witness statements after a commercial vehicle accident in Kansas City, it is important to:
- Document the names, addresses, and contact information of the witnesses.
- Inquire about what they saw and record their statements.
- Ensure that the witness statements are unbiased and provide insight into the accident scene and the events leading up to the incident.
Eyewitness accounts can be crucial in determining liability and providing additional evidence to substantiate the claim. Witnesses can provide valuable insight into the actions of the drivers involved, the conditions at the time of the accident, and any other pertinent details that can bolster the case.
Collecting witness statements can be a fundamental part of constructing a successful commercial vehicle accident claim.
Professional Testimony
Professional testimony can strengthen your case by providing insight into industry standards and accident reconstruction. Professional witnesses in commercial vehicle accident cases may include:
- Medical professionals
- Economists
- Mechanics
- Accident reconstructionists
These professionals can analyze evidence, such as skid marks, vehicle damage, and witness statements, to ascertain the cause and circumstances of the accident.
The use of professional testimony can provide valuable insights and opinions based on their professional experience, which can bolster the plaintiff’s case and support their claims of liability. Engaging with these witnesses can significantly increase the chances of achieving a positive outcome in a commercial vehicle accident case.
Holman Schiavone Law, LLC- Your Ally in Justice
Commercial vehicle accidents can be complex and challenging, with various factors contributing to their occurrence. Understanding the common causes, navigating liability, and pursuing compensation are essential steps in seeking justice for the victims of these accidents. With the help of experienced attorneys like Holman Schiavone Law, LLC, you can navigate the legal process and secure the compensation you deserve.
Representing Auto and Commercial Vehicle Accident Victims
We represent victims of all types of commercial vehicle accidents:
- 18-wheeler accidents
- Delivery truck accidents
- Garbage truck accidents
- Phone and cable van accidents
- Moving van accidents
- City bus and mass transit accidents
- Taxi accidents
- Ambulance accidents
The insurance issues that may arise in these types of cases can be complex — especially when dealing with commercial auto insurance companies. It is important to work with an experienced lawyer who has experience handling the various legal and financial issues that may arise.
Our attorneys have significant experience helping accident victims seek compensation following a serious auto accident. We can help you recover compensation for all accident-related expenses and damages.
If a commercial driver’s negligence or careless driving led to your accident and subsequent injuries, please schedule a time to talk to one of our personal injury attorneys. Contact us online today or call 816-399-5149 to schedule a free consultation.
How We Can Help You
At Holman Schiavone Law, LLC, we understand the challenges and complexities of commercial vehicle accident cases. Our team is dedicated to providing personalized representation to ensure that your unique needs and circumstances are taken into account throughout the legal process. We will work tirelessly to gather all relevant evidence, identify all liable parties, and maximize the compensation you receive for your injuries and losses.
Thorough Investigation
Our team will conduct a thorough investigation to uncover all relevant evidence and identify all liable parties. This may involve:
- Gathering police reports
- Interviewing witnesses
- Obtaining surveillance footage
- Analyzing vehicle maintenance records
- Consulting with accident reconstructionists
A meticulous investigation is essential in determining liability and maximizing compensation in a truck accident case involving a commercial vehicle.
Recovering Compensation
We will work diligently to recover the compensation you deserve for your injuries and losses. Our experienced attorneys will:
- Accurately assess accident-related expenses
- Establish fault
- Engage in negotiations with insurance companies
- Advocate for your right to receive full and fair compensation
With our experience, we can strive to recover settlements and ensure that you receive the compensation you are entitled to.
Personalized Representation
At Holman Schiavone Law, LLC, we pride ourselves on providing personalized representation to our clients. We understand that every case is unique, and we tailor our legal strategies to meet the specific needs of each client. Our commitment to personalized representation ensures that your matter is managed with the utmost care and precision, increasing your chances of obtaining the justice and compensation you deserve.
Contact Us to Seek Justice and Compensation After Commercial Vehicle Accidents in Kansas City
At the Kansas City law office of Holman Schiavone, LLC, we understand the profound impact commercial and government vehicle incidents can have on individuals. That’s why we offer dedicated personal injury representation to those who have suffered harm in all types of motor vehicle accidents.
Navigating the aftermath of a commercial vehicle accident can be overwhelming, both financially and emotionally. The team at Holman Schiavone, LLC, is here to help you shoulder that burden. We invite you to reach out to our Kansas City office by calling 816-399-5149 or contacting us online to schedule a consultation. Our commitment is to assist you in pursuing justice and securing the compensation necessary for your recovery. You don’t have to face the challenges alone – let us be your advocates in seeking the resolution you deserve.
Frequently Asked Questions
What are some common causes of commercial vehicle accidents in Kansas City?
Driver fatigue, improper loading, and inadequate training are some of the most common causes of commercial vehicle accidents in Kansas City.
How is liability determined in a commercial vehicle accident case?
Liability in a commercial vehicle accident case is determined through a comprehensive investigation of all parties and elements involved. This process can help to uncover the negligent party responsible for the incident.
What types of damages can I pursue compensation for in a commercial vehicle accident case?
In a commercial vehicle accident case, you can seek compensation for economic damages such as medical expenses and lost wages, as well as non-economic damages including pain and suffering and emotional distress.
How can an experienced attorney help with my commercial vehicle accident case?
An experienced attorney from Holman Schiavone Law, LLC can provide invaluable assistance in your commercial vehicle accident case, from conducting investigations to gathering evidence and negotiating with insurance companies to ensure you receive the compensation you deserve.
What is the role of professional witnesses in a commercial vehicle accident case?
Professional witnesses can provide important evidence and insight to support a plaintiff’s case in a commercial vehicle accident, helping to prove liability and bolster their claim.
