With the rise of online shopping and overnight delivery, there are more and more delivery trucks driving around Kansas City. This is especially true around the holidays. While this convenience is wonderful for getting groceries or gifts on time, unfortunately, these FedEx, UPS, and Amazon drivers have strict deadlines, which often causes them to speed or be distracted, which leads to more and more accidents.
Whether you or a loved one was hit and injured by a delivery truck in Kansas City, you have rights. It may be confusing to understand this process; what you should do after an accident, who’s liable, and other legal questions.
Key Takeaways of Kansas City Delivery Truck Accidents
- Delivery truck accidents often involve multiple liable parties, including the driver, the delivery company, third-party logistics contractors, or even vehicle manufacturers or maintenance providers.
- Victims must report the accident and seek medical care promptly, as Kansas and Missouri law require reporting qualifying crashes, and early medical records are critical for injury claims.
- Fault rules differ by state, with Missouri allowing recovery even if you are mostly at fault (pure comparative fault) and Kansas barring recovery if you are 50% or more responsible (modified comparative fault).
- Strict filing deadlines apply, with Missouri generally allowing 5 years for injury claims (3 for wrongful death) and Kansas allowing 2 years for both injury and wrongful death claims.
- Federal trucking regulations apply to delivery trucks, covering driver hours, licensing, vehicle maintenance, electronic logs, and load limits, and violations can help establish liability.
Immediate Steps to Take After the Accident
Report the Accident
Your safety is the top priority. If your car is in a dangerous spot, move it to a safe area if possible. If you can’t move it, stay inside with your seatbelt on until help arrives, unless it’s unsafe to do so.
Call 911 right away. An official police report is crucial, even for minor accidents. When the police arrive, tell them the facts of what happened, but avoid guessing who was at fault.
Both Kansas and Missouri have specific statutes outlining the duty to report an accident, ensuring proper procedures are followed to maintain public safety and accountability.
Under Missouri Revised Statutes Section 300.110, drivers involved in an accident resulting in injury, death, or property damage exceeding a certain threshold are required to notify law enforcement immediately.
In Kansas, Kansas Statute 8-1604 mandates that drivers must report accidents to local law enforcement or the nearest police station when they result in injury, death, or significant property damage.
Seek Medical Attention
It’s important to see a doctor immediately after the accident. Injuries from a crash with a large delivery vehicle like a FedEx truck can be severe, and symptoms for conditions like whiplash, internal bruising, or concussions might not appear for hours or days. Seeking immediate medical care ensures your health is protected and creates a vital medical record of your injuries.
Gather Information at the Scene
If you are physically able to do so, try to collect as much information as possible. Exchange details with the driver, including:
- Name and contact information
- Driver’s license number
- Insurance information
- The name of the delivery company (and any DOT numbers on the side of the truck)
If there were any witnesses who stopped to help, ask for their names and phone numbers.
Document Everything
Take photos of the vehicles, the damage, the road conditions, skid marks, and any visible injuries you have. If you were involved in an accident with a UPS truck, for example, try to get a photo of the truck’s license plate and the truck number, as these fleets are massive and tracking down the specific vehicle later can be difficult.
Understanding Liability and Who is Responsible
Delivery truck accidents are often more complicated than a standard car accident. This is because there may be multiple parties responsible for your safety. If an Amazon truck, or another company’s vehicle, hit your car, you might assume the driver is the only one to blame.
However, depending on the employment status of the driver and the specific circumstances, liability could extend to:
- The Driver: The driver can be held directly liable for their negligent actions on the road. This includes common traffic violations such as speeding, reckless driving, running red lights, or driving under the influence of drugs or alcohol. Distracted driving, like texting or using a GPS while the vehicle is in motion, also constitutes negligence.
- The Delivery Company: The company that owns the truck (like Amazon, UPS, FedEx, or USPS) can also be held responsible. This concept, known as vicarious liability, applies if the driver is a direct employee. Liability can stem from the company’s failure to properly train their drivers, enforcing unrealistic and unsafe delivery schedules that encourage speeding, or negligent hiring practices, such as failing to conduct thorough background checks.
- Third-Party Logistics Companies: The situation becomes more complex because many delivery drivers operate as independent contractors for third-party companies, not as direct employees of a larger corporation like Amazon. These logistics companies, often part of Amazon’s Delivery Service Partner (DSP) program, could be held liable for the accident, adding another layer to the investigation.
- Maintenance Company or Manufacturer: If the accident was caused by a defective vehicle or faulty equipment, manufacturers and maintenance companies could also be held responsible, adding complexity to determining liability in Amazon truck accidents.
Common Causes of Delivery Truck Accidents
Investigating the accident is key to understanding who is responsible. Here are some possible causes:
- Distracted Driving
- Fatigue
- Speeding & Reckless Driving
- Impaired Driving
- Poor Training or Experience
- Improper Cargo Securement
- Poor Maintenance
- Blind Spots
- Weather Conditions
- Road Hazards
- Employer Pressures
Common Injuries from a Truck Accident
Accidents involving large trucks can cause life-changing injuries due to the sheer size and force of these vehicles. Victims often face serious physical and emotional challenges, requiring extensive medical care and rehabilitation, with some injuries resulting in long-term disabilities or life-altering changes. Below are some of the most common injuries reported in truck accidents:
- Traumatic Brain Injuries
- Spinal Cord Injuries
- Broken Bones
- Whiplash
- Internal Organ Damage
- Severe Lacerations
- Road Rash or Burns
- Wrongful Death
Missouri and Kansas Delivery Truck Accident Laws
Statute of Limitations in Missouri and Kansas
- Missouri: In Missouri, you have five years from the date of the accident to file a car accident claim, as outlined in RSMo § 516.120. For wrongful death claims, the statute of limitations is three years, according to RSMo § 537.080.
- Kansas: In Kansas, the statute of limitations for filing a car accident claim is two years from the accident date, as stated in K.S.A. 60-513. The same two-year deadline applies to wrongful death claims.
What If I Was Partially At Fault for the Accident?
- Missouri: Under Missouri’s pure comparative fault system, RSMo Section 537.765, you can still recover damages even if you are mostly to blame for the accident. For example, if you are found to be 99% at fault, you can still seek damages, but your final award will be reduced by your 99% share of the fault.
- Kansas: Kansas uses a modified comparative fault rule, K.S.A. 60-258a. This means you can only recover damages if you are found to be less than 50% responsible for the accident. Your awarded compensation will then be reduced by your percentage of fault.
Federal Trucking Regulations and Laws
To ensure road safety, the Federal Motor Carrier Safety Administration (FMCSA) enforces strict federal regulations that commercial truck drivers and companies must follow. These include:
- Hours-of-Service Rules: These regulations restrict the number of consecutive hours a driver can operate a commercial truck without a break.
- Driver Qualification Standards: Drivers must hold a valid commercial driver’s license (CDL) and satisfy specific health and safety criteria.
- Vehicle Maintenance Requirements: Trucks must undergo regular inspections and maintenance to ensure they are in a safe operating condition.
- Electronic Logging Device (ELD) Mandates: Drivers are required to use electronic devices to log their driving hours accurately.
- Weight and Load Limits: These rules set maximum weight limits for trucks to prevent overloading and related hazards.
Kansas City Delivery Truck Accident FAQs
What Should I Do After a Delivery Truck Accident?
After a delivery truck accident, prioritize your safety by seeking medical attention and contacting law enforcement to file a report. Collect relevant evidence, including photos and witness contact information, if possible.
Who Is Liable for a Delivery Truck Accident?
Liability can rest with the delivery truck driver, the trucking company, or even other third parties, depending on the circumstances of the accident.
How Can I Prove Fault in a Delivery Truck Accident Case?
Proving fault typically involves gathering evidence such as accident reports, witness statements, surveillance footage, and expert analyses.
What Kind of Compensation Can I Receive After a Delivery Truck Accident?
Victims may be entitled to compensation for medical bills, lost wages, vehicle damage, and pain and suffering.
Speak to an Experienced Delivery Truck Accident Lawyer for Help
If you’ve been hit by a delivery truck in Kansas City, speak to our delivery truck accident attorney today. 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.
With over 25 years of experience, trust that we will handle your case with expertise and compassion. Call 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.
