Truck Accidents Attorneys in Manhattan, Kansas
Trucking accidents can be a very serious matter. Property loss and personal injury can become quite complicated and expensive to deal with. As a result, it is crucial to be aware of the law regulating trucking accidents in Kansas. Also, if you have been injured, it is vital to reach out to an understanding personal injury attorney to help you through the claims process while you focus on recovery.
If you have been injured, or worse, if you have lost a loved one due to a truck accident, contact our compassionate team at Oleen Law Firm. We have everything necessary to fight for your deserved compensation. We can help you through these challenging times. We proudly serve clients in Junction City and Manhattan, Kansas.
Laws Regulating Trucking Accidents
Commercial trucks are governed by the same set of traffic laws and regulations as regular passenger vehicles. However, commercial trucks such as semi-trucks or 18-wheeler vehicles must follow additional regulations. Here is a look at the laws affecting commercial trucking in Kansas.
Federal Motor Carrier Safety Regulations
The Federal Motor Carrier Safety Regulations by the FMCSA regulate the specific nature of commercial trucking activities. All trucking companies, drivers, and service providers must adhere to these regulations. Safety regulations include regular vehicle inspection, proper insurance coverage, and mandatory drug and alcohol testing.
Please note that FMCSA regulations state that drivers must not exceed 14-hour driving periods as of June 2020. Moreover, drivers are required to take a 30-minute rest period following 8 hours of driving time.
Kansas Commercial Vehicle Regulations
The State of Kansas regulates commercial vehicle operations through the Kansas Corporation Commission (KCC). In essence, vehicles weighing over 10,000 total pounds, hauling cargo for hire, and hauling their own materials for commercial purposes constitute commercial vehicles. Therefore, such vehicles are subject to Kansas regulations in addition to federal regulations. These regulations include daily service hours, two-year medical examinations, minimum age requirements, load-securing methods, safety hitches, trailer braking systems, tires, emergency gear, periodical inspections, and mandatory safety markings.
For more information on the Kansas transportation regulations in areas such as Manhattan, Junction City, or any other Kansas State jurisdiction, contact an experienced attorney.
Statute of Limitations
Please note that in Kansas, personal injury claims and truck accident damages have a statute of limitations. Kansas law allows affected parties a maximum of two years following a trucking accident to make personal injury and property damage claims. Lawsuits filed two years after the accident date may be dismissed immediately.
In essence, liability refers to the party bearing the responsibility for the damages caused for the accident. Liability may be determined to be the responsibility of a single party or shared liability among multiple parties. Here is a look at the parties potentially liable for a trucking accident:
Truck driver. The truck operator may be at fault due to reckless or negligent driving, impairment, falling asleep, or failing to abide by traffic signals.
Truck company. The trucking company may be responsible due to a lack of vehicle maintenance or neglecting safety procedures.
Truck manufacturer (parts manufacturer). Factory defects may cause a truck manufacturer to be liable for damages in a trucking accident.
Loading personnel. Workers loading cargo may fail to secure it properly, leading to an accident.
Maintenance personnel. Improper maintenance as a result of negligence, carelessness, or error by maintenance personnel may place liability on mechanics, tire installers, or vehicle electricians.
Insurance companies and local authorities usually determine liability. Depending on the severity of the damages, a criminal investigation determines personal and criminal liability.
Factors in Determining Liability
The following factors determine liability during a trucking accident investigation:
Truck Driver. In addition to recklessness or negligence, factors such as the driver’s age, experience, and improper training may place the liability on them. Please note that fatigue is a significant factor in determining a driver’s responsibility.
Vehicle Driver. Other vehicle drivers involved in a trucking accident may be liable for causing an accident. For instance, a passenger vehicle driver failing to yield may lead to a trucking accident.
Road Conditions. Road conditions play a significant role in trucking accidents. Slippery, damaged, or icy roads can become determining factors in a trucking accident. Also, weather conditions such as rain and snow may affect liability decisions.
A trucking accident investigation must consider these elements before making a final decision for legal and insurance purposes.
Filing a Personal Injury Claim
Affected parties seeking to file a personal injury claim are advised to seek counsel from an experienced personal injury attorney. A reputable truck accident attorney can help victims file a personal injury claim with the trucking company’s insurance.
Moreover, relatives representing an incapacitated or deceased loved one must ensure that they file personal injury and property damage claims within two years of the accident date. In doing so, victims can ensure their claims and lawsuits receive due process.
A licensed personal injury attorney can help victims get the compensation they deserve for property damage, personal injury, medical bills, and rehabilitation expenses. Additionally, a truck accident attorney can help victims of incapacitated or deceased loved ones receive reparations for the loss of wages, mental anguish, and funeral expenses.
Truck Accidents Attorney Serving Manhattan, KS
At the Oleen Law Firm, we serve the people of Junction City and Manhattan, Kansas. We strive to put our extensive knowledge at the service of those seeking our legal counsel. We pledge to make our best effort to get our clients the compensation they deserve. If you’ve been a trucking accident victim, or represent a loved one, call today to learn how the Oleen Law Firm can help you get the compensation you deserve.