A truck accident can change your life in an instant. Beyond the immediate shock and physical injuries, victims often face complex legal challenges, mounting medical bills, and relentless insurance negotiations.
Unlike car accidents between passenger vehicles, collisions involving large commercial trucks introduce additional layers of responsibility and liability, often involving multiple parties and intricate federal regulations.
This is where the guidance of an experienced truck accident attorney in Overland Park becomes invaluable. The right legal advocate doesn’t just pursue compensation; they help restore stability during one of the most difficult times in a person’s life.
In this guide, we explore the critical steps to take following a truck accident, what makes these cases unique, and why experienced representation is essential for protecting a victim’s rights and securing adequate compensation.
Semi-Truck Accident Experience
Accidents involving large trucks differ from crashes involving passenger vehicles because they:
- Involve more than drivers and passengers: Semi-truck drivers are typically employees of commercial trucking companies. A truck accident attorney in Overland Park will have experience investigating if something the company did (improper employee training, poor truck maintenance, etc.) was a factor in the accident.
- Require many resources: Semi-truck accident attorneys will have a more extensive network of in-house and outside resources that ensure the claim is litigated properly.
Handling large truck accident cases is a significant undertaking. General attorneys may not be adequately equipped to manage this type of complex litigation successfully. Therefore, hiring an 18-wheeler attorney is essential.
Common Types of Truck Accidents
Though commercial trucks account for less than 5% of all vehicles on U.S. roads, the Federal Motor Carrier Safety Administration reports that they are involved in more than 13% of all fatal crashes.
These vehicles play an essential role in modern society, but their size and weight make them especially dangerous in the event of a collision, particularly for occupants of smaller passenger vehicles. Some of the most common types of commercial truck accidents include:
- Rollovers
Large commercial trucks have a much higher center of gravity than standard passenger cars. This makes them particularly prone to rollover accidents.
If a truck driver drives too fast in hazardous conditions or takes a turn too sharply, the rear trailer may flip and roll the entire truck onto its side. This creates a dangerous and deadly hazard for all other vehicles on the road.
- Rear-End Collision
Commercial trucks are heavy and difficult to maneuver. This makes stopping more difficult for these trucks and requires much more time and distance to slow down, come to a safe stop, or avoid road hazards.
The enormous difference in size and weight between a large commercial truck and a passenger vehicle can lead to a rear-end collision having devastating consequences for the passenger vehicle being struck.
- Wide Turn Accidents
Right-hand turns are typically much tighter than left-hand turns, requiring truck drivers to use specific maneuvering techniques and extra caution. To navigate these tight turns, some drivers swing their cabs wide to the left before circling back to complete the right turn.
While this technique helps prevent the trailer from cutting the corner too sharply, it also creates a significant risk for vehicles in adjacent lanes. As the truck swings left, neighboring vehicles can be sideswiped or, in severe cases, caught underneath the trailer.
What to Do Immediately After an Accident
Being involved in an accident with an 18-wheeler or other larger commercial truck can be a stressful and intense experience for everyone involved. The accident’s aftermath is often overwhelming, and it can be difficult to know the proper steps to take.
The steps taken immediately after an accident, both at the scene and in the following days, can play a significant role in helping a truck accident attorney in Overland Park pursue fair compensation for a victim’s injuries and vehicle damage
The information below is to help educate and should not be taken as medical or legal advice. If you’ve been involved in a truck accident, it’s important to stay as calm as possible and follow these steps:
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Prioritize Safety First
The first and most important step to take after an accident is, if it is safe and you are able to do so, to get to a secure area away from harm as soon as possible—preferably off the road. Take a moment to:
- Assess the situation: Check if you, your passengers, and others involved were injured. If anyone is seriously hurt, do not attempt to move them unless there’s immediate danger. Moving someone with a potential spinal cord injury or traumatic brain injury can worsen their condition.
- Move to a safe location: If your vehicle is in a dangerous position, move to the side of the road if possible. If it cannot be moved, put the hazard lights on to alert other drivers.
- Signal for help: Use hazard lights, and—if available—cones or road flares to warn oncoming traffic of the accident. Preventing additional accidents is critical, especially if there is low visibility.
Prioritizing safety helps to minimize further risk and puts victims in the best position to handle the situation following an accident. When someone is seriously injured and unable to move, it may be necessary to wait until first responders arrive to provide medical assistance.
2. Call Emergency Services
Once safe, it is important to call 911 so that first responders will be dispatched to the scene to attend to any injured people. Emergency responders are able to secure the scene, address injuries, and document the incident.
When contacting emergency services, it’s important to:
- Report the accident: When speaking to the dispatcher, provide information about the location of the accident, the number of vehicles involved, and whether there are any injuries.
- Cooperate with first responders: Typically, the police will arrive first at the scene. They will assess the crash, take statements, and create an official report. Once the paramedics arrive, they will evaluate injuries.
- Get evaluated on-site: Getting assessed after an accident is important, even if there are no visible injuries. Some injuries, like internal bleeding and concussions, require immediate attention.
- Follow-up with a primary care professional: Schedule a complete medical exam within 1 to 2 days of the accident, even if everything feels fine. Some conditions, like whiplash and back injuries, may not show symptoms until a few days after an accident.
Keep a detailed record of all treatments, prescriptions, and medical expenses after the accident. These documents will be vital for a truck accident attorney in Overland Park to calculate the full extent of the damages.
3. Document the Scene of the Accident Thoroughly
Collecting evidence at the scene is crucial for strengthening a case.
This information can help a truck accident attorney in Overland Park understand exactly what happened and hold the right parties accountable. If it’s safe to do so—or if someone else can assist—be sure to document the scene carefully:
- Take photographs: Use a smartphone to take pictures of all vehicles, damage, and visible injuries after the accident. Include pictures of license plates, the commercial truck’s company name, and any road conditions at the scene (like skid marks, traffic lights, or road damage) that may have contributed to the accident.
- Exchange information with other drivers: Gather the insurance and driver’s license information from other drivers involved in the car crash. Insurance information should include the insurance company used and policy number. Ask the truck driver involved in the accident for the name and address of their employer.
- Obtain contact information from witnesses: Witness testimony can play a crucial role in establishing a claim. If there were witnesses to the accident, ask for their names and collect some form of contact information (phone number or email address).
- Gather police information: Ask the officers attending the scene for the police report number, and for their name and badge number. This information can help determine fault, and can also help a truck accident attorney in Overland Park when investigating and building a case.
Accurate documentation helps preserve the facts after a semi-truck accident and helps to establish liability.
4. Be Cautious When Talking to Insurance Companies
After a truck accident, an insurance adjuster will likely contact those involved in the wreck. It may be their own insurance provider or the trucking company’s insurer. No matter whose insurer is calling, it’s important to proceed with caution:
- Only share basic facts: Share essential details like the accident’s date, time, and location. Avoid providing opinions about fault or speculating about the cause of the crash.
- Understand record statements: An insurance adjuster may ask for a record statement, but it is best to consult with a truck accident attorney in Overland Park before giving any form of statement.
Victims are not legally obligated to provide a recorded statement or detailed information about injuries sustained in the days following an accident. Before giving any statements or signing anything from insurance companies, speak with an experienced attorney first.
5. Consult With a Truck Accident Attorney in Overland Park
Commercial truck accidents often involve multiple layers of liability, federal regulations, and large insurance carriers that work to limit their payouts. An experienced truck accident attorney can help victims take legal action following an accident:
- Collect and preserve evidence: Collecting key evidence after a truck accident often requires prompt action. A lawyer will work to collect black box data, driver logs, and maintenance records.
- Identify all liable parties: While a commercial truck driver may seem like the obvious at-fault party after a trucking accident, other entities may share responsibility. A truck accident attorney in Overland Park can help determine if a trucking company can be held accountable for poor training, negligent hiring practices, or pressuring drivers to work beyond legal hours.
- Negotiate for fair compensation: The damages suffered after a commercial truck accident are often far-reaching and life-changing. An experienced attorney understands all the elements that play a role in calculating the full scope of a victim’s damages, including economic damages and non-economic damages.
Litigating Challenging Cases and Recovering Damages
Because semi-truck accident cases involve many moving parts, an individual will benefit from working with a truck accident attorney in Overland Park who can take care of a case’s details while their client picks up the pieces of their life.
Besides effectively managing a case’s details, these lawyers will fight to recover fair damages for their client. This compensation is essential for:
- Helping individuals meet their needs in the future.
- Necessary medical treatment both at the time of the accident and for resulting necessities.
- Compensation for pain and suffering caused by the accident.
Expert Connections
One of the essential external resources a large truck accident attorney in Overland Park should have is access to experts to help build an individual’s case. Experts can consider the context of an individual’s case and help prove their claim. The following are some types of experts that semi-truck accident attorneys should have access to:
- Accident reconstructionists: Professionals with experience examining and recreating large truck accident scenes.
- Medical experts: Healthcare providers who can examine an individual’s medical records to help determine a person’s current and future needs.
- Mechanical and safety experts: Specialists who can determine if an issue with the semi-truck was a factor in the case.
- Human factor experts: Professionals skilled in determining if human error was a factor in the accident.
- Roadway design and safety experts: These experts will examine the crash site to determine whether the road was a factor in the accident or if improper safety measures contributed to the crash.
Consider Working With a Truck Accident Attorney in Overland Park
A large truck accident attorney in Overland Park at Bartimus Frickleton Robertson Rader understands that semi-truck accident litigation requires experience. When representing an individual or a family after an 18-wheeler wreck, we devote the time, resources, and experience to achieving the best possible result for a tractor-trailer accident lawsuit.
For more than 40 years, the attorneys at BFRR have successfully represented some of the region’s most high-profile and high-stakes cases. Although we are centrally located, we have a national impact.
If you or a loved one suffered an injury after a tractor-trailer accident, contact our personal injury lawyers today for a consultation at no cost.
The above is not intended to be legal advice. Each individual case is different and must be analyzed on its own set of facts and circumstances. If you believe you may have a case, it is critically important that you timely contact a lawyer to ensure your rights are protected.
