Best Truck Accident Lawyers Wichita, KS Of 2024

Truck accidents can result in various physical and emotional injuries that basic personal injury protection (PIP) won’t cover. A lawsuit may be necessary to seek adequate compensation for your losses, particularly when pursuing noneconomic damages such as pain and suffering or PTSD after an accident.

Below are some key laws related to trucking regulations and truck accident lawsuits that you should be aware of.

Kansas Statute of Limitations for Truck Accident Cases

If you’re involved in a truck collision, you have the right to sue the truck driver and any other responsible parties. However, a specific time frame known as the statute of limitations exists within which you must file the lawsuit to protect your legal rights.

In Kansas, truck accident victims have two years from the date of the accident to file a lawsuit. If the victim dies from their injuries, the family has two years from the victim’s death to file a wrongful death suit.

Certain circumstances may extend or alter the statute of limitations.

• Minor victim. If the plaintiff was under 18 at the time of the accident, they have one year after their 18th birthday, but no more than eight years from the accident date, to file a lawsuit.
• Delayed discovery. If an injury from the accident wasn’t immediately noticeable, the statute of limitations begins when the injury is or reasonably should have been discovered.
• Out-of-state defendant. If the defendant leaves Kansas for a period, the statute of limitations may pause until they return or are located.

Failing to file within the deadline can have serious consequences, including losing your right to pursue compensation, as your claim will likely be dismissed.

Kansas Laws for Truck Drivers

Trucking companies and drivers must comply with various state and federal regulations to ensure the safety of both drivers and other motorists. Below are some of the key trucking regulations in Kansas.

• Commercial driver’s license (CDL). In Kansas, drivers operating vehicles over 26,001 pounds must have a CDL with appropriate endorsements depending on the vehicle’s size and use. There are three CDL classifications available.
  • Class A. This applies to combination vehicles with a Gross Combination Weight Rating (GCWR) over 26,001 pounds, with the towed vehicle weighing over 10,000 pounds.
  • Class B. This includes vehicles with a GVWR of 26,001 pounds or more and towed vehicles under 10,000 pounds.
  • Class C. This applies to all vehicles that don’t meet the Class A or B definitions but either transport 16 or more passengers (including the driver) or hazardous materials.
• Hours-of service-rules. Hours-of-service regulations dictate aspects such as how long truck drivers can work and drive. Some of these rules include that drivers may not drive for more than 11 hours in a 14-hour shift and must take a 10-hour break before driving again. There is also a 30-minute break required after driving for eight consecutive hours.
• Recordkeeping. Truck drivers must maintain records of their driving hours and rest periods to comply with hours-of-service rules. These records, kept via electronic logging devices (ELDs) or logbooks, may also serve as evidence in the event of an accident.
• Insurance requirements. Proper insurance is mandatory for operating a commercial truck. The required coverage varies depending on the truck and cargo. For instance, trucks transporting nonhazardous freight over 10,001 pounds must have a minimum of $750,000 in liability insurance, while those carrying hazardous materials must be insured with at least $5 million in coverage.

Identifying Fault for Truck Accidents in California

In Kansas, truck accident claims follow a no-fault system for minor injuries, meaning your personal injury protection (PIP) insurance covers your medical expenses and other losses regardless of who is at fault. However, if your medical costs exceed $2,000 or your injuries are severe (such as fractures, permanent disability or loss of bodily function), you may file a third-party insurance claim or pursue a lawsuit against the responsible party.

For cases where the fault is shared between you and the truck driver, Kansas applies the modified comparative negligence rule:

• You can recover compensation if you are less than 50% at fault.
• You cannot recover compensation if you are 50% or more at fault.
• If you are partially at fault, your compensation is reduced based on your percentage of fault. For instance, if your total damages are $250,000 and you are found 20% at fault, you can collect $200,000.

Additionally, there are damage caps in Kansas that may limit how much compensation you can receive in certain categories:

• For noneconomic damages in wrongful death cases, the cap is $350,000.
• For punitive damages (meant to punish the wrongdoer), the amount awarded will be the lesser of the following:
  • the highest annual gross income earned by the defendant over the past five years
  • a maximum of $5 million