Leading Causes of Truck Accidents in Wichita
Wichita’s Oldest Injury Firm Has Recovered Over $400 Million for Clients Since 1979
When an 18-wheeler or semi-truck collides with a passenger vehicle on the I-135 corridor or anywhere in the Wichita area, the injuries can be catastrophic. Because multiple parties may share liability in a semi-truck accident, identifying the cause of the crash is central to determining who is responsible. Our attorneys at Hutton & Hutton Law Firm, LLC have handled truck accident claims since 1979 and have recovered over $400 million for injured clients across Kansas. We know what evidence is required to prove both cause and liability, and we work on a contingency fee basis, meaning you pay nothing unless we recover for you. Hutton & Hutton Law Firm, LLC is recognized in Best Law Firms by U.S. News & World Report and is the oldest personal injury litigation firm in Kansas.
Common causes of big-rig accidents include:
- Drunk truck drivers
- Distracted truck drivers
- Tired truck drivers
- Defective parts
- Poor truck maintenance
- Improperly loaded cargo
- Improper driver training
If you or a family member was injured in a collision with a commercial truck, call us today. Our 18-wheeler accident attorneys are ready to review your case at no charge. Call (316) 688-1166 or contact us online to get started.
FMCSA Hours of Service Rules & Truck Accident Risk
Because of the serious risk commercial trucks pose in a collision, truck drivers are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). One of the most important of those regulations covers hours of service. Fatigued drivers are far more likely to cause accidents, whether through lapses in judgment or falling asleep at the wheel, so these rules set hard limits on when drivers must rest.
What the Hours of Service Rules Require
The hours of service regulations set specific limits on how long a commercial truck driver may work and drive before mandatory rest:
- Truck drivers can work up to 14-hour days. Only 11 of those hours may be spent driving; the remaining on-duty time may be used for non-driving tasks such as loading, inspections, or dispatching.
- After the workday ends, drivers must rest for at least 10 consecutive hours.
- Drivers must take days off at regular intervals. If a carrier operates seven days a week, a driver may work no more than 70 hours in an eight-day period before taking at least 34 consecutive hours off. Carriers operating fewer than seven days a week apply a 60-hour limit over seven days before the same 34-hour reset applies.
Violations of these rules are a common contributing factor in fatigued-driving crashes. In rarer circumstances, hours of service rules may be modified during declared national emergencies to expedite supply delivery.
Drunk & Impaired CMV Drivers in Wichita
Kansas sets a blood alcohol concentration (BAC) limit of 0.04% for commercial motor vehicle (CMV) drivers, stricter than the 0.08% standard for passenger vehicle drivers. That tighter limit reflects the reality of what a CMV can do in a collision: these vehicles weigh anywhere from 10,000 to 80,000 pounds. Penalties for DUI are significantly higher for commercial drivers under Kansas law, yet CMV drivers are still caught operating above the legal limit or under the influence of controlled substances.
Our attorneys at Hutton & Hutton Law Firm, LLC have been helping people seek compensation for truck accident injuries since 1979. If you were injured in a collision with a drunk or drugged CMV driver, call us as soon as possible.
Contact Hutton & Hutton Law Firm, LLC for a free consultation or call (316) 688-1166 to discuss your truck accident case today.
Who Is Liable After a Wichita Truck Accident?
Truck accident claims are more complex than standard car accident cases because multiple parties may each carry a share of legal responsibility. Identifying every liable party matters: each one may have a separate insurance carrier, and recovering compensation can mean pursuing more than one of them.
Potentially liable parties include:
- The truck driver, for negligent, fatigued, or impaired driving
- The trucking company or carrier, for inadequate hiring, training, or supervision
- The cargo loader or shipping company, if improperly secured freight contributed to the crash
- The truck owner, if different from the carrier and responsible for maintenance
- Parts or equipment manufacturers, if a defective component caused or worsened the collision
One factor that makes prompt action essential: trucking companies routinely deploy rapid response teams, including their own investigators and attorneys, to the accident scene to begin limiting their liability exposure. Black box (ECM) data, electronic logging device (ELD) records, driver logbooks, and maintenance records are time-sensitive and can disappear or be altered if not preserved quickly. Accepting an early settlement offer before the full extent of your injuries is known can result in a significantly lower recovery. Our legal team collaborates with accident reconstruction professionals to build the evidentiary record before it erodes.
Steps to Take After a Truck Accident
Crashes involving large trucks can be disorienting and traumatic. If you’re ever involved in one, check all parties for injuries first. If anyone is hurt, call emergency services immediately, and seek medical attention even if you feel fine, since internal injuries from high-mass collisions can have delayed onset.
Once emergency services are on the way, call police and report the accident. Cooperate fully, but don’t volunteer statements that could be construed as admitting fault. Avoid phrases like “I didn’t see them” or “I’m sorry,” as they can be used against you later.
If possible, photograph the accident scene, including:
- Damage to all involved vehicles
- Tire tracks and skid marks
- Damaged property
These photographs can serve as valuable evidence when reconstructing how the crash occurred. Exchange insurance and contact information with all involved drivers, including names, addresses, phone numbers, driver’s license numbers, and license plate numbers.
Don’t provide a recorded statement to the trucking company’s insurer or its investigators before speaking with an attorney. Evidence like black box data and dashcam footage can disappear quickly, so contact a Wichita truck accident lawyer from our firm as soon as possible. We can sort through the facts and build a strategy aimed at maximizing your recovery.
Call (316) 688-1166 or contact us online to discuss the details of your truck accident with our team for free.
Kansas Law & Wichita Truck Accident Claims
Kansas law sets several rules that directly affect how a truck accident claim proceeds. Understanding them helps you protect your right to recover before time runs out.
Statute of Limitations
Kansas imposes a two-year statute of limitations on personal injury and wrongful death claims arising from truck accidents, measured from the date of the accident. Missing that deadline generally bars recovery entirely. Claims involving government entities or government-maintained roads may carry different filing timelines, so early legal review matters.
Kansas Modified Comparative Fault
Kansas follows a modified comparative fault rule with a 50% threshold. A claimant found to be 50% or more at fault can’t recover anything. A claimant found less than 50% at fault has their award reduced by their percentage of fault. Trucking companies and their insurers routinely try to shift blame to the injured driver precisely to exploit this rule and reduce or eliminate their payout.
Non-Economic Damages & Where Claims Are Filed
In personal injury cases, Kansas doesn’t cap non-economic damages such as pain and suffering, emotional distress, and loss of quality of life, a protection established by the Kansas Supreme Court in Hilburn v. Enerpipe Ltd. Most Wichita truck accident claims are filed in Sedgwick County District Court.
Why Choose Hutton & Hutton Law Firm, LLC for Your Truck Accident Claim?
When you’re up against a trucking company backed by top-tier attorneys and rapid-response investigators, experience and resources matter. As the oldest personal injury litigation firm in Kansas, we’ve recovered over $400 million for clients since 1979. We know the claims process, we know how to counter well-funded opposition, and we work with accident reconstruction professionals to build a strong evidentiary case for truck accident and 18-wheeler accident claims.
We’re recognized in Best Law Firms by U.S. News & World Report and represent every client on a contingency fee basis: no fee unless you recover. If you or a family member has been injured in a truck accident in the Wichita area, call us today.
Call (316) 688-1166 or contact us online to speak with a Wichita 18-wheeler accident attorney at no charge.
Our Winning Strategy
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We Charge You Nothing Until You Win
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We Have Obtained Over $400 Million for Clients
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