When a truck accident happens in Kansas City, victims often assume the claims process will be as straightforward as in any other car accident case. However, that expectation often clashes with reality. Truck accident claims are often high-value and highly complex, requiring thorough investigation and compensation analysis because of their catastrophic nature. A Kansas City truck accident lawyer can help you navigate this process so nothing gets overlooked.
Commercial Carriers Are Subject to Federal Regulations
In the United States, the Federal Motor Carrier Safety Administration (FMCSA) establishes the rules that govern the trucking industry. These include:
- Hours-of-Service Rules: Federal law limits how long a commercial driver can operate before taking a mandatory rest break, capping driving time at 11 hours within a 14-hour on-duty window.
- Maintenance and Inspection Standards: Carriers must inspect, repair, and maintain every vehicle in their fleet, and drivers must complete inspection reports identifying defects at the end of each shift.
- Drug and Alcohol Testing: Commercial drivers are subject to testing before they are hired, at random intervals, after certain collisions, and whenever a supervisor has reasonable suspicion of impairment.
- Cargo Securement Standards: These rules dictate how freight must be loaded and secured according to its weight and shape. The FMCSA also sets limits on how much a truck can carry in total.
In a Kansas City car accident case, you usually prove negligence to establish fault. In a truck accident claim, a documented violation of FMCSA rules can also establish liability. A logbook showing that a driver exceeded their hours, or an inspection report flagging a defect that was never repaired, provides written proof that the standard was not met.
Liability Can Involve Anyone Involved in Trucking Operations
When you are involved in a Kansas City car accident, you typically file a claim against the driver who caused the crash. In a truck accident case, liability often spans multiple parties. A trucker can be liable for negligent driving, but their employer may also share the blame under vicarious liability rules or for its own negligence. Cargo loaders, parts manufacturers, repair shops, and government entities may also share responsibility, depending on the circumstances.
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The Trucking Company Controls the Most Important Evidence
After a car accident, you can collect many pieces of evidence yourself: medical records, police reports, photographs, and witness contact information. However, some of the strongest evidence in a truck accident claim is held by the truck driver and their employer. Commercial vehicles are equipped with electronic logging devices and black boxes that capture data such as speed in the seconds before impact, brake application, throttle position, and steering input.
Additionally, these companies must retain records such as driver qualification files, maintenance and repair histories, dispatch communications, drug and alcohol test results, and bills of lading. These records may contain evidence of the FMCSA regulations discussed above.
These companies are unlikely to provide this information without legal intervention. An attorney can send a spoliation letter to the carrier, a formal demand that certain records be preserved for your case. Once a lawsuit is filed, your attorney can also compel the production of withheld records through formal discovery.
Discuss Your Truck Accident Claim with a Kansas City Truck Accident Lawyer
At Dollar, Burns, Becker & Hershewe, our attorneys have the skills and resources to obtain internal records, manage multiple defendants, and confront corporate defense counsel directly. If you were hurt in a Kansas City truck accident, contact us online or call (816) 876-2600 to schedule a free case review.