Trucking Accident Information

What is a commercial truck?
A commercial truck is a vehicle used in the course of business and/or for the transport of commercial goods, including tanker trucks, 18 wheel tractor trailers, delivery trucks, and other large trucks.

Why is an accident involving a truck more likely to cause serious injury that one involving an automobile?
A commercial tractor-trailer can weigh over 80,000 pounds, while the average car weighs 3,000 pounds.

How much can my case be worth?
Many factors enter into the valuation of your settlement claim. Important factors include how long you need medical treatment, what kind of treatment you need, wage loss, and the length of time you continue to experience pain and suffering from the accident.

How do I deal with trucking companies or their insurance carriers after a truck accident?

One thing you have to know is that you are not negotiating on level ground when dealing with a trucking company after an accident. Most trucking companies are highly skilled at auto truck accident investigation and claims practice. These adjusters represent the truck company, not you. Do not give them any type statements or sign any releases for medical records or employment records. Often the medical release allows the adjuster to talk to the doctors without you or anyone being present.

Truck companies have accident investigators that are on call and dispatched to the scene of the crash as soon as the trucking company learns there has been an accident. Further while the families of the accident victims are tending to medical and hospital care and funeral arraignments, the trucking company is investigating the accident and setting up their defense. This is why the victims big truck accidents need to also have a team of investigators on their side, fighting for their rights.

Is my case any different if I am injured, or a family member is killed, by a truck as opposed to any other vehicle driver?

Yes. Although the same laws of negligence will apply, there are special Vehicle Code sections which apply only to commercial truck drivers and trucking companies and there are special licensing and training requirements of truck drivers which generally make truck accidents harder to defend and easier to win for plaintiffs.

Are trucking companies regulated by the Federal Government?
Yes. The Federal Motor Carrier Safety Administration establishes rules and regulations which govern commercial motor vehicles and the companies who operate these vehicles. Their stated purpose is to attempt to make the interstate highways safer.

Does Federal law limit the hours that a trucker can operate his truck?
Yes. Since 1939, Federal law has placed restrictions on the "hours of service" that a trucker may operate his truck. Recent changes have been made to these rules for the first time in over 60 years. These rules are designed to promote safety by helping to ensure that truck drivers are getting the needed rest to operate their big rigs safely.

Are trucks required by Federal law to carry insurance?
Yes. Federal law requires commercial vehicles traveling in interstate commerce to carry $750,000 of insurance for bodily injury and property damage. Most State laws also impose minimum insurance requirements on trucks not covered under Federal law.

Who can sue in a truck accident injury or death case?
Anyone who is injured or has had a loved one killed in a truck accident can sue as long as some other person or entity is at fault for the accident. This includes adults and children (who can sue through guardians or parents); and even truck drivers if another person or entity was at fault for the accident.

Who can be sued in a truck accident case?
Any person or entity that was at fault for causing the accident can be sued. This includes the truck driver and the trucking company, the owner of the trailer, the shipper, as well as any other driver, person or entity who in anyway contributed to the accident, such as the manufacturer of one of the vehicles involved in the accident, the manufacturer of a tire that contributed to the accident or the owner of any public or private property whose negligence contributed to the accident.

Is investigation important in a truck accident case?
Yes. It is critical. If the truck was commercially owned, in most situations large trucking companies will perform their own investigation immediately after the accident. This puts you at a vast disadvantage. It is important that you retain an attorney who immediately investigates the case to attempt to pin down liability on any potential at-fault defendants.

Are expert witnesses necessary to prove fault in a truck accident case?
Usually. Unless there is no question that one party was completely at fault, a plaintiff in any serious injury or death case involving a truck should usually retain an expert. Further, that expert should have special expertise in the design, manufacture and operation of trucks and the rules of the trucking industry.

I was injured in a crash where a truck driver was at fault. Can I receive money for time I missed at work?
Yes. Your recovery in a personal injury action can include payment for income lost through missed work, and compensation for any loss of earning capacity resulting from the accident.

If a truck involved in an accident was transporting a hazardous materials (hazmat), and injuries sustained directly resulted from the hazardous materials, can we sue the shipper of the chemicals as well as the truck driver?
In limited circumstances, the shipper of such hazardous materials can be held legally responsible if injuries resulted from the type of cargo on the truck, especially if the shipper failed to advise the driver or the trucking company of the hazardous nature of material contained in the freight.

Involved in an accident with an 18 wheeler, tractor trailer or other commercial truck? Use the form below to contact the Kansas trucking accident attorneys of Knox, Johnson, Rockwell & Babbit to receive a free case review.

Kansas D.O.T.
Federal Motor Carrier Safety Admin
Car/Truck Collision Info
Kansas Transportation Facts