What makes a truck accident lawyer different from just a regular lawyer? If the lawyer has never taken a deposition and questioned the Vice President of Safety, Safety Director, Director of Dispatch, Director of Operations, Nighttime dispatch officers and related management of a motor carrier and does not have a good understanding of the FMCSR that lawyer will likely be incompetent to litigate this type of sophisticated lawyer. Thus, ask your lawyer to show you a past deposition of a safety director of a trucking company. If they cannot do that then they likely have no real understanding of the FMCSR.
During 2014, there were more than 3,200 accidents on Kansas roadways involving big trucks. More than 900 victims reported suffering an injury. While many of these victims will not consider contacting a truck accident attorney, there are several reasons why they should.
Evaluating a Truck Accident Case
One of the most important reasons to work with a truck accident attorney is a thorough investigation of the accident Keep in mind, Kansas has a "no fault" insurance system. This means that victims of a truck accident can only file a civil lawsuit in the event they have exhausted their own personal injury protection insurance and have suffered a serious injury. This also means you have to establish fault and the victim must show their injury could have been prevented if proper care was taken.
Establishing Fault After a Truck Accident
Truck accidents are far more complicated to figure out because there are numerous parties who may be partially at fault. For example, a truck driver who was intoxicated is likely at fault for an accident, but it becomes less clear when the driver was sleepy, distracted because of cell phone use, or suffered a mechanical problem. Drivers are often on the road for long periods of time. While federal laws have clear rules that pertain to driver's rest periods, these rules are often bent or broken. In those cases, the employer of the driver may be partially at fault for the accident. This is another reason it is important to work with a truck accident attorney. The truck accident lawyer will normally use an expert to reconstruct the driver's hours of service while driving to see if they violated Part 395 of the Code of Federal Regulations where the Federal Motor Carrier Safety Regulations, also known as FMCSR are maintained.
Steps to Take After a Truck Accident
The first thing to be concerned about is your safety. Make sure you are in a safe area and report the accident to law enforcement authorities. If you need medical attention, get help right away. Even if you do not think your injuries are serious, you should seek a medical examination. Many times, the adrenaline rush after an accident masks pain and other symptoms.
Whenever possible, you should take witness information. Other drivers and pedestrians may have noticed something you missed. In most cases, this information will be contained in the police report. If it is feasible, consider taking photographs of the scene, which may be helpful later. This includes road signs, traffic signals, photos of the truck, and your vehicle.
Notify your insurance company about the accident and let them know what type of medical care you sought after the accident. Keep in mind, no matter who you are talking to, simply state the facts of the accident. Do not answer any questions about your injuries, how you are feeling, or anything else that may be used to prevent you from seeking compensation. Once you have done all of this, immediately consult with a truck accident attorney.
Trucking Company Insurance Representatives
Keep in mind, the insurance company who represents the truck driver and/or the trucking company will immediately start an investigation. You need immediate, aggressive legal representation to ensure the evidence of the accident is preserved and is reviewed by sound legal counsel. Remember, the trucker's insurance company has one goal in mind: they want to pay as little as possible in damages. The trucking company will have their adjusters and investigators as well as their own lawyers within an hour of the accident before evidence is lost. You, as well, need your attorney to investigate the accident within minutes or hours following an accident. If you call Brad Pistotnik Law at any time of the day we will make every effort to immediately investigate your accident.
What You Can Expect at Brad Pistotnik Law
Time is of the essence in truck accidents. As a highly skilled truck accident attorney you can count on personal attention, aggressive legal representation, and a thorough investigation by trucking safety and accident reconstruction experts. We are committed to ensuring you get the compensation you deserve if you have suffered a serious injury after a truck accident.
If you or someone you love was injured in a Wichita, KS area truck accident, call Brad Pistotnik Law anytime 24 hours a day at 1-800-241-BRAD or at 316-684-4400 or on his cell at 316-706-50203 or call Tony Atterbury at 316-817-9237.
Brad Pistotnik Law, P.A.
10111 East 21st St
Wichita, KS 67206