Truck accidents can turn your life upside down in an instant. The physical injuries, emotional trauma, and financial strain that follow can feel overwhelming. You may be wondering what to do next, how to pay your medical bills, and how to move forward with your life.
Whether you were hit by a semi-truck near the KCI airport on I-435 or a dump truck hit you while in a work zone, you have rights. If you’ve been injured in a truck accident, you don’t have to face this difficult time alone.
At the Law Offices of Peter A. Jouras, Jr., our truck accident lawyer in Overland Park, Kansas, understands what you’re going through and is here to help you navigate the legal process with compassion and expertise.
As a small law firm, you will receive personalized, one-on-one attention. So, when facing the aftermath of a truck crash, you’ll have an expert attorney who will never give up for you. We offer free consultations and work on a contingency fee basis, which means you pay nothing unless we win your case.
While we are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave, we serve the entire Kansas City metropolitan area, including Kansas City, Missouri, and Kansas City, Kansas.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
How a Truck Accident Attorney Can Help You
Truck accident cases are complex because they involve multiple parties, strict federal regulations, and insurance companies that will do everything they can to minimize what they pay you. Having an experienced Overland Park truck accident lawyer on your side can make all the difference in the outcome of your personal injury claim.
Here’s how we can help:
- Investigate Your Accident: We gather evidence from the crash scene, review driver logs, analyze black box data, and consult with accident reconstruction experts to build a strong case on your behalf.
- Identify All Liable Parties: Liability in a truck accident isn’t always straightforward. We investigate whether the truck driver, trucking company, cargo loader, maintenance provider, or manufacturer should be held responsible for your injuries.
- Handle Insurance Companies: Insurance adjusters often try to get you to settle quickly for less than you deserve. We handle all negotiations so you can focus on your recovery and seek the compensation you need.
- Fight for Maximum Compensation: We pursue every dollar you’re entitled to, including compensation for medical expenses, lost wages, pain and suffering, and more.
- Take Your Case to Trial if Necessary: While many cases settle out of court, we’re prepared to take your case to trial if that’s what it takes to get you the justice you deserve.
Key Takeaways About Overland Park Truck Accident Claims
- Multiple Parties: These crashes often involve multiple liable parties, including the driver, trucking company, cargo loaders, and vehicle manufacturers.
- Common Causes: Fatigue, distracted driving, speeding, improper loading, poor maintenance, inadequate training, and driving under the influence frequently contribute to truck crashes.
- Federal Regulations Matter: The FMCSA enforces strict rules on driver hours, vehicle maintenance, load limits, and electronic logging — violations can strengthen your claim.
- Kansas Laws: Operates under a no-fault system, but victims can file against the at-fault party if injuries meet specific thresholds; 2-year filing deadline.
- Missouri Laws: Follows an at-fault system with pure comparative fault; claims must be filed within 5 years for injury or 3 years for wrongful death.
- Available Compensation: Victims may recover compensation for medical bills, lost wages, property loss, pain, suffering, and disability.
What Makes the Law Offices of Peter A. Jouras, Jr. Different?
When you’re injured in a truck accident, you need a truck accident attorney in Overland Park who genuinely cares about you and your future. Here’s what makes us different from other attorneys in the Kansas City metro:
- Small Firm, Big Results: As a small truck accident law firm, we limit the number of cases we take on. This means you’ll receive the personalized attention you deserve throughout the entire process.
- Over 25 Years of Experience: Our founder, Peter A. Jouras, Jr., has been practicing personal injury law for over 25 years. This experience and knowledge of Kansas and Missouri auto accident laws gives you an advantage against insurance adjusters.
- Serving Kansas and Missouri: We proudly represent clients on both sides of the state line, so whether your accident happened in Kansas or Missouri, we’re here to help.
- Free Consultations: We offer a no-cost consultation to discuss your truck accident and answer your questions. There is no obligation to move forward.
- No Fees Unless We Win: Our attorney works on a contingency fee basis, which means there are no out-of-pocket costs. We don’t collect a fee unless we successfully recover compensation for you.
Common Causes of Truck Accidents in Kansas and Missouri
It can be hard to determine liability in truck accidents because there are so many different factors at play. We’ll listen to your case and help you build a strong case. Here are the common causes of truck accidents in the KCMO and KCK metro:
- Driver Fatigue: Truck drivers are under pressure from management to meet tight deadlines, leading to violations of hours-of-service regulations and exhausted drivers behind the wheel.
- Distracted Driving: Texting, talking on the phone, eating, or using a GPS while driving can take a truck driver’s attention off the road for just long enough to cause a crash.
- Speeding and Reckless Driving: When a fully loaded commercial truck is traveling at high speeds, it becomes nearly impossible to stop quickly, increasing the risk of serious accidents.
- Improper Loading: Cargo that is improperly loaded or secured can shift during transport, causing the truck to become unstable or lose control.
- Poor Vehicle Maintenance: Trucking companies are required to maintain their vehicles, but when they cut corners on maintenance, brake failures, tire blowouts, and other mechanical issues can lead to accidents.
- Inadequate Driver Training: Not all truck drivers receive the proper training they need to operate large commercial vehicles safely.
- Driving Under the Influence: Alcohol or drug use by a truck driver is illegal and can cause the driver to cause an accident.
How Common Are Truck Accidents in Kansas and Missouri?
Truck accidents happen more than you may think, and often lead to heartbreaking outcomes.
Kansas Truck Accident Statistics
According to the 2023 Kansas Traffic Crash Facts Book from the Kansas Department of Transportation:
- In 2023, there were 3,478 crashes involving heavy/large trucks in Kansas.
- Those heavy/large truck crashes included 71 fatal crashes and 84 deaths in 2023.
- In 2023, heavy/large-truck crashes made up about 5.8% of all crashes and approximately 20.1% of all fatal crashes in Kansas.
- The crashes involving heavy/large trucks resulted in measurable economic cost: listed under “Involving Large/Heavy Trucks” with a cost of approximately $1,504,039,840 in Kansas for 2023.
Missouri Truck Accident Statistics
According to the 2022 Missouri Traffic Crashes Statistics from the Missouri State Highway Patrol:
- In 2022, there were 1,057 persons killed in traffic crashes in Missouri, a 4% increase from 2021.
- Speeding was involved in 34.3% of fatal crashes in Missouri.
- Alcohol and drugs were involved in 23.1% of fatal crashes in Missouri.
- Jackson County recorded the most traffic fatalities with 111.
- Of all fatal Missouri traffic crashes, 58.4% involved only one vehicle.
Injuries You Can Suffer After a Truck Crash
Unlike standard car accidents, the size and weight of commercial vehicles mean truck accidents often result in severe, life-altering injuries. Some of the most common injuries include:
- Traumatic Brain Injuries (TBI)
- Spinal Cord Injuries
- Broken Bones and Fractures
- Whiplash and Neck Injuries
- Neck and Back Injuries
- Internal Injuries
- Cuts and Lacerations
- Burns
- Wrongful Death
If you or a loved one has suffered any of these injuries, you deserve compensation for your medical expenses, lost income, and pain and suffering. Our Overland Park truck accident attorney will help you seek the justice your family deserves.
Types of Truck Accidents Our Lawyer Handles
No matter what type of commercial truck you were hit by, our attorney is ready to fight for you. We are not afraid to take on anyone, whether it’s a semi-truck from a large corporation or a government vehicle.
Here are some commercial trucks that you can be hurt by:
- Flatbed Trucks
- Box Trucks
- Refrigerated Trucks (Reefers)
- Tanker Trucks
- Dump Trucks
- Semi-Trucks (18-Wheelers)
- Tow Trucks
- Logging Trucks
- Cement/Concrete Trucks
- Garbage Trucks
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Federal Trucking Regulations and Laws
Commercial truck drivers and trucking companies must comply with strict federal regulations designed to keep our roads safe. These regulations are enforced by the Federal Motor Carrier Safety Administration (FMCSA) and include:
- Hours-of-Service Rules: Limit how many hours a truck driver can be on the road without taking a break.
- Driver Qualification Standards: Require truck drivers to have a valid commercial driver’s license (CDL) and meet certain health and safety standards.
- Vehicle Maintenance Requirements: Mandate regular inspections and maintenance to ensure trucks are safe to operate.
- Electronic Logging Device (ELD) Mandates: Require truck drivers to use electronic devices to track their hours on the road.
- Weight and Load Limits: Restrict how much weight a truck can carry to prevent overloading.
Kansas Truck Accident Claims Laws
If your truck accident occurred in Kansas, here’s what you need to know about the state’s laws:
How Kansas’s At-Fault Insurance System Works
Kansas operates under a no-fault insurance system, which means your own insurance company will cover your medical expenses and lost wages, regardless of who caused the accident.
However, if your injuries meet certain thresholds, you can step outside the no-fault system and file a claim against the at-fault driver.
These thresholds include:
- Medical expenses exceeding $2,000
- Permanent disfigurement
- Fracture of a weight-bearing bone
- Permanent injury
If your injuries meet one of these criteria, you can pursue compensation from the truck driver and trucking company.
Kansas’s Comparative Fault Rule
Kansas follows a modified comparative negligence rule. This means if you are partially at fault for the crash, you can still recover compensation. These guidelines include:
- You can recover damages only if you are less than 50% at fault for the accident.
- If you are 49% or less at fault, your compensation will be reduced by your percentage of fault.
- If you are 50% or more at fault, you cannot recover any compensation.
For example, if you are awarded $100,000 in damages but found to be 30% at fault, your final payout would be $70,000.
How Long Do I Have to File a Truck Accident Claim in Kansas?
According to K.S.A. 60-513, in Kansas, you have two years from the date of the accident to file a personal injury claim. If the accident resulted in a fatality, surviving family members have two years from the date of death to file a wrongful death claim.
To protect your claim, it’s best to contact a Kansas truck accident attorney who can help you preserve evidence and seek the compensation you deserve.
Missouri Car Accident Claims Laws
If your truck accident occurred in Missouri, here’s what you need to know:
How Missouri’s At-Fault Insurance System Works
Missouri uses an at-fault insurance system, which means the person who caused the accident is responsible for paying for the damages. You can file a claim with the at-fault driver’s insurance company or file a lawsuit to recover compensation.
Missouri’s Comparative Fault Rule
Missouri follows a pure comparative fault rule under RSMo 537.765. This means:
- You can recover damages even if you are partially at fault for the accident.
- Your compensation will be reduced by your percentage of fault.
- There is no limit to how much fault you can have and still recover compensation.
For example, if you are found to be 30% at fault for the accident and are awarded $100,000, you can still recover 70% of your total damages, which would be $70,000.
How Long Do I Have to File a Truck Accident Claim in Missouri?
According to RSMo § 516.120, in Missouri, you generally have five years from the date of the accident to file a personal injury claim. For accidents that led to the wrongful death of a loved one, RSMo § 537.080 says surviving family members usually have three years from the date of death to pursue a wrongful death case.
While these may seem like long timeframes, evidence can quickly disappear. That’s why it’s important to reach out to a Missouri truck accident lawyer for legal guidance.
What To Do After Being Hurt in a Truck Accident
The steps you take immediately after a truck accident can have a significant impact on your ability to recover compensation. Here’s what you should do:
- Seek Medical Attention: Even if you don’t think you’re seriously injured, it’s important to see a doctor right away. Some injuries, like internal bleeding or traumatic brain injuries, may not be immediately apparent.
- Report the Accident: Report the accident and make sure a police report is filed. In fact, Section 300.110 requires you to file a report in Missouri if the crash resulted in serious injuries, death, or there was more than $500 damage. A police report can be important evidence in your case.
- Exchange Information: Get the other driver’s name, company information, phone number, insurance information, driver’s license number, vehicle registration, and other information. In Kansas, this is required by law according to K.S.A. 8-1604.
- Document the Scene: If you’re able, take photos of the accident scene, the vehicles involved, and any visible injuries. Get contact information and statements from any witnesses.
- Contact an Experienced Truck Accident Lawyer: The sooner you contact a truck crash lawyer in Overland Park, the sooner we can begin investigating your case and preserving evidence.
Continue Reading: What to Do After a Car Accident in Kansas City
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
Compensation Available for Truck Accident Victims in Kansas and Missouri
If you’ve been injured in a truck accident, you may be entitled to compensation for both economic and non-economic damages. This can include:
Economic Damages
Economic damages are measurable losses the accident caused you. That includes:
- Medical Expenses: This includes compensation for all past and future medical bills related to the accident, such as hospital stays, surgeries, physical therapy, and prescription costs.
- Lost Wages: You can recover income you lost from being unable to work, as well as compensation for any reduction in your future earning capacity if your injuries prevent you from returning to your previous job.
- Property Damage: This covers the costs to repair or replace your vehicle and any other personal property that was damaged in the accident.
- Wrongful Death: If you lost a loved one in the accident, you may be able to recover expenses for their funeral and burial.
Non-Economic Damages
Non-economic damages are non-measurable losses, including:
- Pain and Suffering: This can include physical pain, emotional trauma, PTSD, and a diminished quality of life.
- Permanent Disability or Disfigurement: This covers compensation for lasting injuries/disabilities or visible scars.
- Loss of Companionship or Guardianship: This can provide compensation for losing a spouse, parent, or guardian due to the accident.
Your case is unique. When a truck causes a devastating accident, you deserve compensation that covers the full extent of your losses. The Law Offices of Peter A. Jouras, Jr. is ready to help victims across the Kansas City, Missouri, and Kansas metro seek the justice they need.
Kansas and Missouri Truck Accident FAQs
What if I Was Partially At Fault for the Truck Crash?
In Kansas, you can still recover compensation if you are less than 50% at fault for the accident. Your compensation will be reduced by your percentage of fault.
In Missouri, you can recover compensation even if you are partially at fault, thanks to the state’s pure comparative fault rule.
What Are the Costs for Hiring an 18-Wheeler Truck Accident Lawyer?
At the Law Offices of Peter A. Jouras, Jr., we work on a contingency fee basis. This means you don’t pay any upfront costs or out-of-pocket expenses, and we only collect a fee if we successfully recover compensation for you. If we don’t win your case, you don’t owe us anything.
Why Are Semi-Truck Accidents More Complex Than Regular Car Crashes?
Semi-truck accidents are more complex for several reasons:
- Multiple Liable Parties: In addition to the truck driver, the trucking company, cargo loader, maintenance provider, and manufacturer may also be liable.
- Federal Regulations: Commercial trucks are subject to strict federal regulations, and violations of these regulations can be used as evidence in your case.
- Corporate Defendants: Trucking companies and their insurance carriers have experienced legal teams working to minimize their liability. You need an experienced attorney on your side to level the playing field.
- Severe Injuries: Truck accidents often result in catastrophic injuries that require extensive medical treatment and long-term care.
What Federal Regulations Apply to Truck Accident Cases?
The Federal Motor Carrier Safety Regulations (FMCSRs) govern the operation of commercial trucks. These regulations include rules on:
- Hours-of-service limits
- Driver qualification standards
- Vehicle maintenance requirements
- Electronic logging device mandates
- Weight and load limits
Schedule Your Free Consultation with Our Overland Park Truck Accident Attorney
If you’ve been injured in a truck accident, don’t wait to get the help you need. Contact the Law Offices of Peter A. Jouras, Jr. today to schedule your free consultation. We’ll review your case, answer your questions, and explain your legal options.
Our semi-truck accident lawyer in Overland Park will listen to your story, answer all of your questions, and guide you through this difficult process. With over 25 years of experience, trust that we will handle your case with expertise and compassion.
Contact us today to schedule your free, no-obligation consultation. We are located in Overland Park, Kansas, just north of I-435 and east of Metcalf Ave. We serve the entire Kansas City metropolitan area, including Kansas City, Missouri, and Kansas City, Kansas.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
For your free consultation, call (913) 677-1999
