Kansas Truck Accidents Cause Needless Deaths
More than three-quarters of the people who die in large truck accidents are people in passenger cars, bicyclists, or pedestrians. While these are nationwide statistics, truck crashes throughout Kansas result in a similar level of fatalities.
The unfortunate truth is that many fatal truck accidents in Kansas could have been avoided had it not been for negligence or carelessness. As an experienced attorney in Kansas City who handles wrongful death and truck accident claims, this is particularly difficult to explain to surviving family members. They often question why something like this had to happen when there are federal laws and regulations that govern the trucking industry.
At the Law Office of Kevin J. McManus, we represent families who have lost a loved one in a commercial truck accident. We fight for answers and help families hold those who are responsible accountable. Kansas law provides that the surviving family members may file a wrongful death action to recover compensation for their loss, and we assist family members through this legal process. While no amount of money will bring back a loved one, holding the parties responsible for your loved one's death can bring a measure of closure and help family members move forward.
Call 816-203-0143 or use our online form to request a free consultation with our Kansas truck accident lawyer. Learn about your legal rights and options for filing a wrongful death claim after a Kansas truck accident.
Common Causes of Truck Accidents in Kansas
Truck driver error is a common cause of truck crashes in Kansas. Bad driving decisions, negligence, and poor choices can lead to a catastrophic truck accident. Common factors that can lead to a truck accident include:
- Drowsy and fatigued driving from exceeding the federal hours of service limits
- Failing to obey traffic laws, including tailgating, hydroplaning, speeding and failure to break
- Driving under the influence of drugs or alcohol
- Inexperienced truck drivers and inadequate training
- Jacknife, sideswipe or rollover crashes from aggressive driving
- Distracted driving, including texting and cell phone use while driving
Construction zones, weather and road conditions may be factors in commercial truck accidents. Defective trucks and parts or inadequate maintenance may also contribute to the cause of a truck crash. Additionally, overloaded trucks and improperly secured cargo can cause a truck driver to lose control of the truck, causing an accident.
Who Is Liable for Damages Caused by a Kansas Truck Accident?
The factors that contributed to the cause of the truck accident determine fault and liability. Parties that could be defendants in a truck accident lawsuit include, but are not limited to:
- Trucking companies
- Truck drivers
- Parts and truck manufacturers
- Maintenance and repair facilities
- Loaders and shippers
- Government entities
It is crucial that we identify each party who could be liable for damages caused by a truck crash. Our legal team quickly initiates a comprehensive accident investigation. We notify the trucking company and other parties to preserve key evidence, such as logbooks, driver's records, maintenance records, and the truck's black box.
We review federal regulations and rules while we monitor investigations by federal agencies. Our legal team may work with accident reconstructionists and other experts as we conduct an independent investigation into the cause of the collision. We also investigate allegations that the truck driver or the trucking company violated mandatory alcohol and drug testing procedures.
Filing a Wrongful Death Lawsuit in Kansas for a Fatal Truck Accident
A wrongful death is a death of a person caused by the negligence or wrongdoing of another person or party. In other words, the deceased would not have died had it not been for the actions of the at-fault party.
When you file a wrongful death claim in Kansas, the court may award a monetary amount for damages. Under Kansas wrongful death laws, the family may receive compensation for:
- Medical bills from the date of the accident through the date of death
- Reasonable costs for funerals, cremation, and burials
- Loss of future income the deceased would have contributed to the family had they lived
- Loss of service, support, companionship, and guidance
Kansas does not cap damages paid in a wrongful death lawsuit. Therefore, a jury may award an amount for economic and non-economic damages that it believes compensate the family for the loss.
When Must You File a Wrongful Death Claim in Kansas?
Family members have just three years from the date of death to file a wrongful death lawsuit. If you miss the deadline, you cannot pursue a claim through the courts.
Three years may seem like a long time. However, truck accident investigations can take months to complete. Wrongful death claims involving truck crashes are complicated cases. Therefore, you'll want to contact our attorney as soon as possible so we can begin working on the case.
Contact Our Kansas Wrongful Death Attorney for a Free Consultation
If a negligent truck driver killed your loved one, we are here to help your family seek the justice you deserve. Contact our office to schedule a free consultation with our Kansas truck accident attorney by calling 816-203-0143 or completing our online contact form.