When a distracted commercial truck driver causes a crash, the injuries are often severe, and the path to compensation is complicated.
Federal regulations govern how commercial drivers must conduct themselves behind the wheel, and a violation of those rules can be powerful evidence in your claim.
At Wendt Law Firm, we help injured people in Kansas City, Missouri, and Kansas pursue the full compensation they deserve.
You deserve accountability from the driver and from the trucking company. Our team is ready to help you pursue it. Call us at (816) 531-4415 or contact us online for a free initial consultation.
Truck drivers face a unique set of distractions behind the wheel. Long hauls, tight delivery deadlines, and hours of monotonous highway driving push some drivers to multitask in ways that put everyone around them at risk. Common distractions include:
Any of these behaviors can delay a driver’s reaction time enough to turn a close call into a catastrophic crash. When distraction causes a collision, the evidence is often recoverable. Key sources include:
Federal trucking regulations strictly prohibit the use of a handheld device while driving a commercial motor vehicle. Two key rules apply:
Violations of these rules can result in fines of up to $2,750 for drivers and $11,000 for carriers who allow or require the prohibited conduct. Repeat violations can lead to CDL disqualification.
You can qualify for compensation when you are able to prove the driver was negligent. If you have evidence that the accident was caused by the driver’s inattention or distraction, you may have grounds to pursue compensation through a settlement or jury award. Whether your crash occurred in Missouri or Kansas, you can file a claim against the responsible driver’s insurance or file a lawsuit against the driver and the trucking company directly.
The value of your case depends on how seriously you were injured and how much insurance and assets the defendant has available. Compensation may include:
Truck accident cases often involve significant injuries, which means the value of your claim can be substantial. At Wendt Law Firm, our job is to identify the full value of your claim and fight to recover every dollar.
Our founding attorney, Samuel Wendt, has been recognized as a Missouri and Kansas Super Lawyer by Thomson Reuters every year since 2008. Our attorneys are skilled trial lawyers who are prepared to take your case to court when insurers refuse to offer fair compensation. We do not back down from a fight, and we do not settle for less than what our clients deserve.
Yes, in many cases. If the truck driver was an employee of the trucking company at the time of the crash, you can hold the company liable under the legal principle of vicarious liability. The carrier may also face independent liability if it allowed or required the driver to use a handheld device in violation of federal rules.
Proving distraction often comes down to the evidence available after the crash. Phone records, data from the truck’s onboard systems, witness statements, and traffic camera footage can all help establish what the driver was doing at the moment of impact. If the driver violated a federal regulation, that violation itself can serve as evidence of negligence in your claim.
The deadline to file a personal injury claim varies depending on where your accident occurred. In Missouri, you generally have five years from the date of the accident to file a lawsuit. In Kansas, the deadline is two years. Missing either deadline can bar you from recovering compensation, so it is important to speak with an attorney as soon as possible after a crash.
If you were injured in a crash with a commercial vehicle, our team at the Wendt Law Firm is ready to fight for your right to full compensation. Call us today at (816) 531-4415 or contact us online to schedule a free initial consultation.
