Wichita Truck Accident Attorney

If you or a loved one has suffered injuries in a tractor-trailer crash in Wichita, you’re likely to be instantly overwhelmed by seeking medical treatment, seeking to repair and replace your car, or, in extreme cases, grieving a loss. When that accident has been caused by a truck driver’s negligence, you are entitled to seek compensation.

This is when the expertise of a Wichita truck accident lawyer can prove invaluable to you. Our truck crash lawyers at Prochaska, Howell & Prochaska, LLC are standing by, waiting to hear from you.

Why Choose Prochaska, Howell & Prochaska LLC

Anyone who has driven by the wreckage of a truck accident can see firsthand how devastating these types of collisions can be. If you’re the victim of a truck accident, your focus should be on healing from your injuries and getting your life back on track. The last thing you want to do is get into a battle with an insurance company to get the compensation you are due.

That’s where the team at Prochaska, Howell & Prochaska LLC comes into play.

If we agree to work together on your truck accident claim, we’ll take over all the legal matters, allowing you the peace of mind to focus on your recovery. Here’s what we bring to the table:

Experience Handling Truck Accident

Our attorneys understand the unique challenges you might face pursuing a remedy from a truck accident, as well as all the relevant federal and state laws that regulate the trucking industry.

We know how to apply those losses to an act of negligence. We also know what defense tactics the insurance company and trucking companies might unleash to minimize your claim or shift blame from the truck driver.

We’ll be ready to vigorously counter those tactics in pursuit of fair compensation for our clients.

Personalized Attention

We recognize that every truck accident case is unique, and each case deserves the kind of personalized attention that our compassionate attorneys can provide. We want to find a fast resolution for our clients, but that doesn’t mean rushing to a settlement that isn’t fair. We want to take the time to explain to you all your options. The final decision about what you should accept is your decision to make. We’ll ensure that you have all the information to make the right decision.

Extensive Trial Experience

In some truck accident claims, the best option might be to file a civil complaint. That means entering into a lawsuit against all those responsible for the accident.

Our Wichita truck accident attorneys are fully prepared to make the pivot from negotiator to litigator.

We understand what it takes to prepare a strong presentation for a jury that utilizes all the pertinent evidence and expert witnesses’ testimony. We also deploy state-of-the-art graphics and videos that will recreate the accident to demonstrate who is at fault and who deserves to pay.

Track Record of Success

As you research potential attorneys, you’ll want to look at their case results. Prochaska, Howell & Prochaska LLC has a proven track record of success that demonstrates our skills and experience pay off in real results.

We Offer a Free Consultation

You’ll no doubt have questions about the merits of your case and what challenges you might encounter.

We can answer many of those questions during your first free consultation with our firm.

What Are the Major Factors in Wichita Tractor-Trailer Crashes?

Data published by the Truck Info finds that there are more than 168,000 truck accidents each year across the country. Of that number, 32% of those crashes result in injuries and 3% in fatalities.

Truck accidents differ significantly from typical car accidents due to the size and weight of these commercial vehicles, and wrecks often involve complex investigations and legal processes.

While many drivers are highly trained professionals who prioritize the safety of others, some engage in behavior that puts other vehicles at risk. In many cases, driver negligence is a major factor resulting in Kansas trucking accidents. Here are some common examples of that negligence:

• Fatigue: Long hours on the road can lead to trucker fatigue. Truck drivers often face tight deadlines and long hours of driving. All these factors can cause truckers to become tired, which can impair their ability to react swiftly and make sound judgments on the road.
• Speeding: Excessive speed increases the risk of accidents, especially given how large and heavy trucks are. Speeding is common among truck drivers as they rush to make deliveries at one location and head to another.
• Distracted driving: Texting, phone use, or other distractions divert the driver’s attention from the road. Due to the size and weight of their vehicles, truck drivers must remain vigilant in their surroundings at all times; otherwise, they risk being involved in a crash.
• Impaired driving: Alcohol, drugs, or prescription medications can impair a driver’s abilities. Driving under the influence of alcohol, drugs, or certain medications is not only illegal, but it’s also a threat to the safety of everyone on the road.
• Improper loading: Incorrectly loaded cargo can cause instability and accidents. Sometimes, that can lead a trucker to lose control of their tractor-trailer, experience a truck rollover, or become involved in other collisions.
• Failure to maintain vehicles: Neglecting maintenance can lead to mechanical failures. Proper maintenance keeps trucks safe on the road. Otherwise, the vehicle could experience brake failure, tire blowouts, or some other type of component failure.

All of the above issues are related to negligence. Some truck drivers or companies disregard proper safety protocols and regulations, leading to devastating road accidents.

Whether you believe the truck accident you were involved in in Wichita was caused by one of the factors above or something else, make sure to contact a commercial vehicle accident lawyer with whom you can discuss your collision and your rights.

How Can a Trucking Company Be Liable for a Truck Accident?

A truck driver is often the primary at-fault person in a truck accident, but other factors, such as those involving the trucking company, may also need to be considered. Depending on the circumstances, filing a claim directly against the trucking company can lead to a direct settlement.

Our investigators will look into the following elements:

Poor Vehicle Maintenance

A commercial truck undergoes a tremendous amount of strain on every trip. That is why they require regular maintenance to function safely. It is the responsibility of the trucking company to maintain its fleet. No truck should be sent out on a delivery with bad tires or brakes.

Hiring Unqualified Drivers

Truck drivers need to obtain a special class of license to operate a commercial rig. They can only obtain that license after completing hours of training and passing driving tests. If a truck company hires an inexperienced driver or one who isn’t certified to transport a particular cargo, it can lead to serious accidents, and the truck company can be blamed.

Enforcing Unreasonable Schedules

The Federal Motor Vehicle Safety Administration (FMCSA) sets the service hours for truck drivers at 11 hours. If a trucking company forces a driver to go beyond those hours or shorten their breaks. That can force a driver to operate under extreme fatigue.

What To Do If You’re in a Trucking Collision in Sedgwick County, KS

Being involved in a crash with a truck can be a harrowing experience, but it’s crucial to remain calm and take appropriate steps to ensure your safety and protect your rights. Here’s what to do if you find yourself in a Wichita truck accident:

• Check for injuries: Assess yourself and others involved in the accident for injuries. Call emergency services immediately if anyone requires medical attention.
• Call the police: Regardless of the accident’s severity, report the incident to law enforcement, as required per KRS 8-1604. The police report will be valuable for insurance claims and legal proceedings.
• Exchange information: Obtain the truck driver’s name, contact information, insurance details, and license plate number. Provide your information in return. If there are witnesses, collect their names and contact information. Their statements may be helpful in your case.
• Document the scene: Use your smartphone or camera to document the scene, including vehicle damage, road conditions, and any relevant traffic signs or signals. Record the truck’s make, model, color, and any identifiable markings.
• Avoid discussing fault: Refrain from admitting fault or making statements that could be interpreted as an admission of guilt. Stick to factual information when talking to the police and other parties involved.
• Seek medical attention: Even if you don’t immediately feel injured, seeking medical attention is advisable. Injuries may not be immediately apparent, and prompt medical care is crucial for your well-being.
• Contact your insurance company: Report the accident to your insurance company as soon as possible. Provide them with the necessary details and follow their instructions for filing a claim.
• Consult with a Wichita truck accident attorney: If the accident involved a truck, consider consulting with an attorney specializing in handling truck collision cases. They can give guidance on navigating the complexities of trucking crashes and help protect your legal rights.

Understand your rights and legal options. A knowledgeable tractor-trailer crash lawyer can guide you through the process, ensuring you receive the compensation you deserve.

Remember that each accident is unique, and the specific steps you need to take may vary.

Seeking professional advice from our attorneys at Prochaska, Howell & Prochaska LLC can be instrumental in protecting your interests, navigating the complexities of a tractor-trailer or other accident case, and seeking fair compensation.

What Damages Can You See After a Truck Accident?

When you’ve been involved in an accident caused by a truck driver’s negligence, you could be facing mounting bills that put a strain on the family. That is why it is vital that you seek all the damages you’re entitled to. Those damages include the following economic:

• Emergency room visit
• X-rays, MRIs, and CT scans
• Doctor follow-up visits
• Surgery
• Hospitalization
• Medications
• Physical therapy
• Medical supplies
• Lost Wages
• Future earnings

You’re also entitled to seek non-economic damages such as pain and suffering, mental anguish, and the loss of enjoyment of your life.

All of your damages need to be carefully calculated by you and your attorney and need to cover all current and future expenses. Once you accept a settlement, you won’t be able to ask for funds. Our attorneys will work closely with you to determine the right number.

Why You Need a Wichita Truck Accident Lawyer

Big rig wrecks require a specialized approach, and not every personal injury attorney is equipped to handle the intricacies involved in these cases.

A dedicated truck accident attorney brings a wealth of knowledge about federal and state regulations governing the trucking industry. This expertise is invaluable in building a strong case and maximizing the chances of a successful outcome.

Navigating Insurance Companies

Dealing with insurance companies after an 18-wheeler collision can be a daunting task. They often employ tactics to minimize payouts, prioritizing their own interests.

A seasoned truck accident lawyer in Wichita understands the tactics used by insurance companies and can negotiate on your behalf. Their goal is to ensure you receive fair compensation for medical expenses, property damage, lost wages, and pain and suffering.

Investigation

Determining liability in an accident such as this requires a thorough investigation. A skilled Wichita tractor-trailer attorney collaborates with accident reconstruction experts, reviews police reports, and gathers crucial evidence to establish fault.

This comprehensive approach is essential in building a strong truck crash case and holding the responsible parties accountable.

Securing Expert Witnesses

Truck crashes like these may involve complex technical aspects that require expert testimony.

A reputable trucking accident lawyer has access to a network of experts who can provide insights into truck maintenance, driver fatigue, and accident reconstruction. These experts play a pivotal role in presenting a compelling case in a Sedgwick County courtroom.

Understanding Trucking Regulations

The trucking industry is governed by a set of regulations designed to ensure safety on the roads.

A knowledgeable attorney familiar with these regulations can identify violations that may have contributed to the accident. This understanding strengthens your case and increases the likelihood of a favorable outcome.

Compensation for Injuries and Damages

Crash victims often face significant physical, emotional, and financial burdens. Experienced legal counsel fights to secure compensation for medical expenses, rehabilitation costs, lost wages, and pain and suffering.

Our attorneys’ goal is to help you rebuild your life after a devastating accident.

In the aftermath of a wreck with a truck, time is of the essence. Evidence can disappear, witnesses may forget crucial details, and statutes of limitations can come into play.

Consulting with a Wichita truck accident lawyer as soon as possible ensures that your case is promptly evaluated, allowing for timely action and a more robust legal strategy.

Frequently Asked Questions

Any type of truck accident will generate questions about what you should do next. Prochaska, Howell & Prochaska LLC can provide you with the answers you need to make an informed decision about seeking compensation. Those answers start with these frequently asked questions:

How long do I have to file a truck accident claim?

The statute of limitations in Kansas for personal injury is two years. Considering the complexity of a truck accident and all the parties involved, it is easy to see how time can pass quickly. That’s why you want to speak with Prochaska, Howell & Prochaska LLC as quickly as possible.

How long will it take to resolve my claim?

The moment an accident occurs with a truck, many agencies get involved in the investigation.

You also have to factor in that insurance companies will do whatever they can to shift the blame, deny the claim, or delay the process. When we become involved in your claim, we will become a fierce advocate on your behalf, but every claim and case is different.

We’ll keep you informed every step of the way, and our goal will always be to get you a fast resolution.

Is it better to settle a truck accident claim or go to trial?

There will always be a desire to resolve your case quickly, but it needs to be resolved fairly. The insurance company might offer a settlement that won’t cover your expenses or make up for the pain you’ve endured.

You are within your rights to accept any offer, but we might present you with the option to move forward with a trial when the insurance company denies your claim or refuses to accept a fair and reasonable offer.

Why is a truck accident different from an accident between two cars?

When you drive your car, you have to follow the same rules of the road as everyone else. A truck driver must also follow the same rules, but they have additional regulations to adhere to, such as service hours, weight restrictions, and maintenance checks. Those regulations are monitored by the FMCSA, and that agency will conduct an independent investigation into whether the accident involves injury or fatality.

There are also additional parties, such as the trucking company, the cargo loaders, and the mechanics, who could be held responsible for the truck accident.

Should I respond to the trucking company when they call?

The insurance company and the trucking company will be conducting their own investigation into the accident.  They will certainly want to speak with you about your version of what happened. You would be in a better position to speak with them after speaking with Prochaska, Howell & Prochaska LLC.

We can advise you on the right way to answer questions that won’t shift the blame back to you. If we’re working with you, we can be by your side during these interviews.

Choosing the Right Kansas Truck Accident Attorney

Selecting the right lawyer can make a significant difference in the outcome of your case. Look for a lawyer with a proven track record in handling cases like these, positive client reviews, and a commitment to personalized attention.

A consultation with a potential lawyer who handles truck wrecks can give you valuable insight into their approach and the dedication they bring to each case. When faced with the aftermath of a truck accident in Wichita, seeking the guidance of an attorney experienced in handling these wrecks is a prudent decision.

At Prochaska, Howell & Prochaska LLC, our expertise in navigating the complexities of big truck injury crash cases, our understanding of regulations, and our commitment to securing fair compensation can have a substantial impact on the outcome of your claim.

Don’t navigate a truck accident case alone—contact us today for a free consultation with our Wichita truck accident lawyer.

We’re ready to fight for your rights and help you on the road to recovery.