Olathe Truck Accident Attorneys

The average truck weighs 20-30 times more than the average passenger vehicle. This means that a collision with a truck can cause far greater injuries than an Olathe car accident collision with a smaller vehicle. At Dollar, Burns, Becker & Hershewe we understand the seriousness of a truck accident and approach every case with the urgency it deserves. If you have been injured in a truck accident, we can help you. Call us toll-free at toll-free at 1-877-816-2600 to get a free consultation and assessment of your case.

• At Dollar, Burns, Becker & Hershewe, we provide every client with the best representation possible and are prepared to tailor our tactics to each case.
• We have recovered billions in verdicts and settlements for clients over the past century.
• We are committed to our client’s cause and fight passionately to get the best outcome possible for each client.

If you have been injured in a truck accident caused by another person’s negligence or misconduct, you have legal options. Dollar, Burns, Becker & Hershewe can help you fight for justice. If you have been injured in a truck accident, call Dollar, Burns, Becker & Hershewe toll-free today at (877) 816-2600 to speak with one of our Olathe personal injury attorneys. We offer free consultations.

What Kind of Damages Can I Recover in a Truck Accident?

Every truck accident case is different, and the kind of damages you can recover will depend on the facts of your case. Victims of truck accidents can claim both economic and non-economic damages. Economic damages are easy to value because they are tangible and supported by documentary evidence such as bills and invoices. Economic damages include medical expenses, lost wages, and lost earning capacity. Non-economic damages, on the other hand, can be more difficult to value. Non-economic damages include mental anguish, pain and suffering, inconvenience, and physical impairment. At Dollar, Burns, Becker & Hershewe, our truck accident attorneys in Olathe fight hard to ensure that you recover the maximum compensation for every type of damage that you are entitled to.

Parties That May Share Responsibility for a Trucking Collision

In Kansas, you have the right to pursue a truck accident claim against any party whose negligence contributed to your collision. These may include:

• The truck driver for speeding, driving while fatigued, operating under the influence, or making an unsafe maneuver
• The trucking company for hiring a driver it never properly vetted, setting unrealistic schedules, or failing to train and supervise its drivers
• The vehicle’s owner for placing a tractor or trailer into service without the required inspections and repairs 
• The maintenance contractor for performing faulty repair work or overlooking a defect 
• The shipper or loading crew for overloading a trailer, distributing weight improperly, or failing to secure freight
• The parts manufacturer for producing a vehicle component that failed because of a design or production flaw

Often, more than one party shares responsibility for a truck accident. At Dollar, Burns, Becker & Hershewe, our first priority will be to identify every potentially liable party. Then, we will determine the insurance policies each party carries and aggressively pursue compensation from every source.

Kansas Laws That Impact Your Olathe Truck Accident Claim

When filing an Olathe truck accident claim, there are two important rules to keep in mind. First, you have a limited window under Kansas’s statute of limitations to file a lawsuit. Second, Kansas’s modified comparative negligence statute may limit the compensation you can recover or prevent you from recovering any compensation at all.

Under Kansas Statutes Section 60-513, you have two years from the date of the collision to file a personal injury lawsuit. Different timelines may apply in certain situations. For example, if you were under 18 at the time of the accident, the statute of limitations may be paused, or tolled, until your 18th birthday. Once the applicable deadline passes, the court will almost certainly dismiss your case, regardless of how strong the evidence is. 

Modified comparative negligence rules apply if you share liability for the collision. Under Kansas Statutes Section 60-258a, your compensation is reduced by the percentage of fault assigned to you, and you recover nothing if you are found 50% or more at fault. Suppose you claim $500,000 in damages and the jury finds you 20% at fault for the crash. Your recovery would be reduced by 20%, leaving you with $400,000. If the jury instead assigned you 50% of the fault, you would receive nothing.

The Elements of Negligence in an Olathe Truck Accident Case

To recover compensation in an Olathe truck accident claim, you will need to prove that each liable party’s negligence, defined as a failure to exercise the level of care a reasonable person would have used under the same circumstances, caused your collision. The four elements of negligence are as follows:

• Duty of Care: Every motorist owes other people on the road a duty to operate their vehicle with reasonable care. Commercial drivers and the companies that employ them are held to that same duty and to the additional obligations imposed by federal trucking regulations.
• Breach of Duty: A breach of duty occurs when a party fails to meet that standard. Establishing a breach often requires showing what a careful driver or a responsible carrier would have done differently under the same circumstances.
• Causation: You must link the breach to the collision and to the harm you suffered. This requires showing not only that the crash would not have occurred without the other party’s conduct, but also that your injuries resulted from the crash rather than from an unrelated cause.
• Damages: Finally, you must document the losses you sustained, including medical treatment, lost income, and the physical and emotional consequences of your injuries. 

Various types of evidence can help establish these elements. For instance, electronic logging device records can demonstrate that a driver was already over federal hours-of-service limits at the time of the crash, indicating both a breach of duty and a probable cause. Maintenance records and daily inspection reports may show that a brake issue was noted days earlier, yet the carrier allowed the truck to continue operating without repairs. Additionally, your medical records, imaging, and treatment notes directly link your injuries to the collision and detail the severity of the harm you experienced.

What to Expect During Your Olathe Truck Accident Claim

When you are facing a truck accident claim, knowing what to expect can make an unfamiliar process feel more manageable. In most cases, a truck accident claim goes through the following stages:

• After you contact an Olathe truck accident lawyer, they will launch an investigation into your accident and gather as much evidence as possible to support your case.
• Then, your lawyer will wait until you reach maximum medical improvement. This occurs when your condition has stabilized and your doctors can provide a long-term prognosis.
• Once your prognosis is clear, your attorney will send a demand letter to the insurance company that establishes liability, documents your injuries and losses, and specifies the amount required to resolve the claim.
• The insurer will respond, typically with an offer below your demand, and back-and-forth negotiations will follow.
• If those negotiations stall or the carrier disputes fault, your attorney can file a lawsuit, which shifts the case into the court system.
• After the lawsuit is filed, the discovery process begins. Both sides exchange documents and take sworn testimony from the at-fault parties and expert witnesses involved in the case.
• Many cases then proceed to mediation, where a neutral third party helps both sides reach a resolution. Settlement discussions often intensify as the trial date nears.
• If no agreement is reached, the case goes to trial, where a jury reviews the evidence and determines the final verdict.

Dollar, Burns, Becker & Hershewe will support you throughout every phase of your claim. We manage all communications with the insurer, ensure compliance with Kansas’s filing requirements, and keep you updated on your case’s progress. When an offer is made, we will assess whether it reflects the true value of your claim, helping you decide whether to accept or continue negotiations.

Common Causes of Truck Accidents

Truck accidents can be caused in a variety of ways. Some of the most common causes of truck accidents include:

• Excessive speed
• Driver fatigue
• Unqualified drivers
• Illegal maneuvers
• Distracted driving
• Poorly maintained trucks
• Driving in hazardous conditions

Common Truck Accident Injuries

Victims of truck accidents suffer all kinds of injuries, but often these injuries are very serious and can result in long-term consequences for the victim. Some common truck accident injuries include:

• Whiplash
• Traumatic brain injury
• Prolonged neck and back pain
• Broken bones
• Lacerations
• Disfigurement
• Amputation

If you have suffered an injury in a truck accident, your medical expenses and rehabilitation costs may be more than you can handle. Furthermore, if you have to take time off work to focus on your recovery it may mean lost wages, resulting in your inability to take care of yourself and your family. If your injury was caused by another party’s negligence, you should not have to bear the financial consequences of your injury by yourself. The Olathe truck accident attorneys from our law firm can help you fight for justice and recover financial compensation from the responsible party.

Let an Experienced Olathe Truck Accident Lawyer Help You

If you have been injured in a truck accident caused by another person’s negligence, Dollar, Burns, Becker & Hershewe can help you get financial compensation for your damages. Call us toll-free today at (877) 816-2600 to speak with one of our experienced truck accident lawyers in Olathe.