Understanding Truck Accident Liability in Kansas

Establishing truck accident liability can be tricky, especially when the truck driver or trucking company tries to dodge responsibility.

Consulting Wichita’s experienced truck accident lawyer will help you understand how liability works in your case and what type of compensation you may expect. Learn more about determining liability in accidents involving commercial trucks. 

Who Is Liable in a Truck Accident Case?

Victims of truck accidents often conclude that, as the vehicle that hit them was a commercial truck, the trucking company automatically assumes responsibility. However, this isn’t always the case.

The liable parties in a truck accident may be:

• The trucking company. A trucking company that employs drivers is usually responsible for any accidents these truckers cause while on duty. 
• The truck driver. Many trucking companies work with independent contractors rather than employees. In such instances, you’d take action directly against the truck driver.
• Third parties. Some truck accidents happen because of faulty vehicle parts. If so, the vehicle manufacturer could be responsible for the accident. Truck maintenance services and cargo loaders could also be liable if you can prove their actions contributed to the collision.

Truck Accidents and Negligence

According to truck accident statistics, approximately 1,800 truck collisions occur in Kansas every year. Many of these accidents involve violations of Federal Motor Carrier Safety Administration guidelines or other types of irresponsible conduct.

Examples of negligence that could play a role in truck accident liability include:

• A careless hiring or training process. Trucking companies must ensure they employ qualified drivers. Apart from confirming the trucker has a valid commercial driving license, the company must check the driver’s record and provide adequate training. 
• Violating hours of service rules. Truckers in Kansas must observe certain road hour limits. Spending too many consecutive hours on the road is serious negligence that can lead to catastrophic accidents. 
• Inadequate vehicle maintenance. Commercial vehicles must undergo regular inspections and maintenance. Neglecting upkeep makes trucks far likelier to cause accidents due to issues like worn-out tires and brake pads.

Proving Fault in Truck Accidents 

To prove fault after a truck accident, your lawyer must show that:

• The liable party breached their duty of care by conduct like distracted driving, speeding, improper cargo loading, or insufficient truck maintenance. 
• This breach of duty caused or significantly contributed to your accident.
• The accident caused tangible damages like physical injury, medical expenses, missed days at work, and other losses.

Your attorney will use photographs, video footage, witness testimonies, data from the truck’s black box, and truck maintenance records to establish liability.

Larry Wall Trial Law: Representing Truck Accident Victims in Wichita, KS

The various causes of truck accidents often involve negligence on the part of the trucking company or the driver. Contact us at Larry Wall Trial Law if you or a loved one suffered injuries in a truck collision. Our personal injury lawyers can help you establish truck accident liability, present a strong claim and advocate for your rights while negotiating with insurers.

Call 316-265-6000 or contact us online to schedule a free consultation today.