Truck Accident Attorneys in Overland Park, Kansas
According to the most recent statistics from the Kansas Department of Transportation (KDOT), there were 3,195 total crashes involving heavy or large trucks statewide in 2016, causing 934 injuries and 74 deaths. Accidents involving commercial trucks, 18-wheelers, tractor-trailers, semi-trucks, and other automobiles are usually catastrophic.
Due to their massive sizes and weights, truck accidents may lead to serious injuries, hospitalization, incapacitation, or even death. If you or a family member was involved in a truck accident caused by another person's negligence, you may be eligible to recover financial compensation.
At Jim Crabtree Law, we are prepared to represent clients in their truck accident cases. Our skilled Kansas personal injury attorneys can evaluate every aspect of your unique situation and explore your options. We will fight vigorously for your rights, hold the liable party accountable, and help you recover what you need in order to move forward.
Jim Crabtree Law proudly serves clients throughout Overland Park, Kansas, and across the KC Metro areas of Kansas and Missouri, including Independence, Johnson County, Wyandotte County, and North Kansas City. Set up a consultation today.
Laws Affecting Truck Accidents in Kansas
Under Kansas laws, the driver or adult passengers involved in an accident that causes physical injuries, death of a person, or property damage of $1,000 or more must immediately report the crash to the nearest police office. Additionally, truck drivers must stop to determine whether there are injured persons, offer reasonable medical assistance, or make arrangements to transport accident victims to the hospital.
Statute of Limitations
The statute of limitations for truck accident cases in Kansas is two (2) years from the date of the accident or injury. This means that the injured person must commence a civil action to recover damages within two years of the truck accident.
Additionally, a number of different parties or entities may be held accountable for a truck accident, depending on the surrounding circumstances. These include:
The truck driver
The trucking company
The truck manufacturers
The cargo loaders—the persons who loaded or shipped the cargo
Maintenance personnel or company
Government agencies for failing to fix or maintain damaged roads.
The loading company—the company that ensures that equipment or containers are balanced and secured correctly
Equipment and parts manufacturers
A dedicated Kansas truck accident attorney can evaluate the magnitude of your damages, identify the liable party or parties, and help file your accident claim or lawsuit.
Filing a Personal Injury Claim
Kansas is a no-fault auto insurance state. According to the state's no-fault rule, victims turn to their own personal injury protection (PIP) coverage to recover medical costs, lost wages, and other accident-related financial losses that they suffer from the truck accident, irrespective of the at-fault party.
What Does the PIP Policy Cover?
In Kansas, PIP coverage offers the following minimum benefits:
$4,500 per individual for medical expenses
$900 per month for wage loss (up to 12 months or $10,800 total)
$4,500 for rehabilitation expenses
$25 per day for help around the house (up to 365 days or $9,125 total)
$2,000 for funeral, burial, or cremation expenses
Opting Out of the No-Fault System
There are certain situations in which you can opt out of the no-fault system and file a third-party claim or lawsuit against the liable driver:
You have exceeded your PIP coverage for your medical expenses, and
Your injuries qualify as a "serious injury."
According to Kansas law, a serious injury can be described as any injury which results in:
Fracture of weight-bearing bone
Compressed, displaced, or compound fracture of any bone
Permanent loss of a body function
It’s important to reach out to skilled advocacy during this challenging time. A detail-oriented attorney can determine the best way to proceed with your claim and help you pursue a path forward.
If You're Representing an Incapacitated Loved One
If you’re representing a loved one who was incapacitated by the truck accident, you will need to establish guardianship. Once the court appoints you as the legal guardian of the incapacitated person, you can file a personal injury claim on their behalf to help recover their rightful compensation.
If You're Representing a Deceased Loved One
If the truck accident caused the person's death, their surviving loved ones may pursue wrongful death benefits. According to Kansas law, the decedent's "heirs at law"—including the surviving spouse, children, siblings, parents, and grandparents—who have suffered a loss from the person's death may be entitled to commence a wrongful death action. Keep in mind that they must file the wrongful death claim with the 2-year statute of limitations.
Work With Compassionate Personal Injury Attorneys
Being involved in a truck accident or losing a loved one in a truck wreck can be overwhelming, to say the least. These kinds of incidents can impact you physically and financially—but you don't have to suffer in silence. If you’re injured in a truck accident, you need to hire a personal injury attorney for proper guidance.
Over the years, our attorneys at Jim Crabtree Law have successfully recovered millions of dollars in settlements and verdicts for truck accident victims and their loved ones. With our extensive knowledge, we can walk you through the complex procedures involved in filing truck accident claims. Above all, we will fight with zeal and compassion for your rights.
Truck Accident Attorneys Serving Overland Park, Kansas
If you or someone close to you was hurt in a negligent truck accident, you can seek fair financial compensation. Contact us at Jim Crabtree Law today to schedule a simple case assessment. Our experienced legal team can offer you the personalized guidance and vigorous representation you deserve. We’re proud to serve clients throughout Overland Park, Kansas, and across the KC Metro areas of Kansas and Missouri.