Brad Pistotnik Law
Abogado El Toro

Semi Truck Accident Attorney: Things to Keep in Mind

When a tractor-trailer, semi, big rig, 18 wheeler or other large commercial motor vehicle or fleet vehicle has an accident who should I call to find an attorney or lawyer that is highly experienced in these types of personal injury claims?

The smart answer is always: Call Brad Pistotnik at Brad Pistotnik Law, P.A.

Have you been involved in a semi truck accident? Federal law requires trucking lawyers to keep evidence for a limited period of time. Therefore, if you have been involved in a semi truck accident, you need an attorney to send a spoliation letter in order protect your evidence from alteration or destruction. Without this letter, the trucking company can destroy their trail of guilt legally. A lawyer should have a thorough knowledge of the Smith System, the JJ Keller and Associates defensive driving tools and of course, the Federal Motor Carrier Safety Administration (FMCSR).

How much can you get in a settlement?

Compensation usually includes money for the following:

  • Lost earnings
  • Emotional suffering
  • Medical expenses
  • Physical pain and suffering
  • loss of consortium
  • Wentling damages when a death occurs
  • Economic loss and wage loss and many other types of losses

The worth of your case depends on several factors, including your age, occupation, amount of insurance money available, severity of injuries, and who is liable.

How to sue after being involved in a semi truck accident

When you hire a lawyer, you will share your facts with him and send documents such as insurance information and medical estimates. The lawyer now has to work on getting more evidence about the accident: truck logs and official accident reports. The law firm then works to get compensation for your loss or injury by sending a demand letter to the insurance company.

Can I sue for a family member?

Under certain circumstances, it is possible to sue for a member of your family who was injured in a trucking accident. Kansas modified laws years ago that allows you to sue your spouse. There is no spousal immunity. Likewise, if you are riding with a relative and have insurance it will cover your injuries and you can bring a claim against your relative to get the insurance you deserve.

The loss of financial income, emotional toll, and cost of caring for a loved one who has been injured are a few reasons why you should file a lawsuit on his/her behalf.

Whom can I sue if a semi truck hit a loved one?

Usually, when suing for a semi truck accident, you can sue the negligent driver and the trucking company. Corporations such as FedEx and Wal-Mart are also responsible for the safe transportation of products and should be held accountable. Your lawyer needs to figure out who the responsible parties are and hold them responsible. You can sue the driver and the motor carrier under the legal doctrines of Respondeat Superior and Vicarious Liability. The parties that are often sued in semi truck accidents include:

  • The freight owner – attributing liability to the freight owner is possible if the cargo can be proven to have been packaged poorly.
  • Commercial vehicle owner – when an accident involves a commercial vehicle, the owner is usually liable. Sometimes, a certain company owns the trailer and another owns the cab; this makes them both legally responsible.
  • Truck driver – in trucking accidents, the lawyer needs to find as many responsible parties as possible to hold liable for injuries or death. The person who was behind the wheel at the time of the accident should be held accountable, especially when alcohol and drugs are involved.
  • The employer – the employers should be held responsible for any accidents that their employees are involved in while on the job.
  • 3rd party maintenance companies – companies that handle the maintenance of trailers and tractors may be held responsible for death or injuries if the attorney can prove that the accident was caused by inadequate maintenance.
  • The manufacturer of the cab or trailer – the malfunctioning of a lever or gear on the truck’s flatbed can cause catastrophic damage on highways. In such instances, the flatbed manufacturer should be held liable.

Are you looking for a semi truck accident lawyer in Wichita, Goodland, El Dorado, Kansas City, Dodge City, Garden City, Salina, Topeka, Springfield, Omaha, Lincoln, Kearney, Chicago, or Liberal? Contact Brad Pistotnik Law by calling 316-684-4400 or Brad’s personal number 316-706-5020. You can also call Tony Atterbury on his cell at 316-617-9237.