Truck Accident Lawyer in Wichita, KS
Trucking companies should and do have a safety net of liability insurance to cover the costs of the statistically inevitable crashes that hurt and even kill people every year. The trouble is that insurance companies never want to pay and the nested responsibility chain of the truck driver, trucking company, freight broker, and shipping company creates a squabble over whose liability can even be claimed against. A Wichita truck accident lawyer is exactly the person you need to cut through the resistance and seek a settlement that matches your medical expenses and the tragedy that has just been abruptly introduced to your life.
How a Wichita Truck Accident Lawyer Can Help
After a truck accident, the victims and their families are fully occupied with the immediate, violent tragedy. Severe injuries and fatalities are unfortunately common, and this can leave a family devastated. Most people, immediately after a truck accident, are in no shape to build an evidence-based case and go head-to-head with the liability-dodging tactics of multiple transport corporations and their insurance companies. But this is where a Wichita truck accident lawyer can help you.
When you hire a Wichita truck accident lawyer, you gain an ally and someone who will fight for you through paperwork and court dates so you and your loved ones can focus primarily on recovery. Hiring a truck accident lawyer quickly, however, is vital. This is because trucking companies often keep their logs and records for as little as six months unless requested by an authority.
A Wichita truck accident lawyer can make sure your family is protected and can start the ball rolling on your rightful settlement to ease the burden of medical bills in this difficult time.
Who Is Liable for a Truck Accident in Kansas?
When a truck hits another car or causes a road hazard that results in an accident, the search for the liable party begins. Was the truck driver inattentive, reckless, or negligent? Was the truck in good working order and properly maintained? Was the cargo well-secured to prevent hazard? Did the truck malfunction due to a maintenance or manufacturing error? A great deal of investigation will go into proving which company’s insurance should pay the liability cost of your truck accident settlement.
The important thing to know is that someone is liable, and all of the involved parties have existing liability policies ready and able to cover the medical bills you may already be facing.
The Truck Driver
The truck driver’s liability would depend on at-fault driving decisions. The truck driver may have swerved or drifted into the wrong lane. A truck driver would be liable if they were found to be intoxicated, using a phone, or violating traffic laws. However, if the truck driver is found to be overworked and underslept, the trucking company may be liable.
The Trucking Company
The trucking company’s liability often covers truck driver mistakes and direct issues with the vehicle or cargo. The trucking company, or “carrier” in the business, is responsible for loading trucks and sending out drivers. If their policies violate driver sleep protections, if the cargo was poorly loaded, or the truck misconfigured for the trip, the trucking company is the first responsible party.
The Truck Leasing Company
Sometimes, a carrier or driver will be operating a leased vehicle. In this case, the leasing company—the official owner of the truck—may be liable if the vehicle was poorly maintained when the accident occurred. Leasing companies are responsible for delivering work vehicles in safe, operable condition, and negligence or malfeasance on their part can result in unsafe trucks on the road.
The Shipping Company
The shipping company owns the goods that are being transported. They may be held liable if the pallets or boxes themselves inside the truck were poorly prepared for transport and contributed to or caused the accident.
The Freight Broker
The freight broker is the one who connects shipping companies to carriers, or cargo to moving trucks. They may be liable if there is a flaw in the chain of responsibility and safety compliance.
The Truck Manufacturer
Finally, if a hidden mechanical error went wrong with the truck, the manufacturer’s liability insurance may be claimed against. While this is rare, manufacturer liability is a way to put the vehicle itself in the at-fault position. If the driver is alert and does their best, and if all the cargo were properly secured, a truck’s inner mechanics might explain the cause of the crash.
How to Prepare for a Truck Accident Case in Wichita
Compiling evidence is essential for a successful claim, and doing it as soon as possible will help ensure you don’t miss any vital information.
Take Pictures of Everything
In the aftermath of any vehicle accident, the available evidence is used to determine what happened and who is at fault. The best way to provide a full picture and the proof you need for a settlement is to document everything.
While it’s likely you weren’t snapping pictures when the accident happened, photographs of your vehicle’s damage, the extent of your injuries, and the road conditions soon after can help to paint a full picture of both how it happened and the total damage that must be made right.
Connect with Witnesses
Witnesses can be essential in a truck accident case. Sometimes, they stop to help and volunteer to be witnesses, but you can also find witnesses after the fact by asking for help from nearby businesses that might have seen, for instance.
Keep Complete Documentation of Injuries and Expenses
Keep documents of everything, and ask your doctor to help create an especially detailed record of your injuries and along with a thorough outline of your recovery journey. Do not visit a doctor provided by one of the truck-related insurance companies before speaking with a lawyer. For any expenses related to medical treatment and post-accident expenses, keep careful records including payment records and itemized receipts.
