Leading Causes of Truck Accidents in Wichita

Because multiple parties could be held responsible for a semi-truck accident, determining the cause of the accident it typically key to determining liability.

Common causes of big-rig accidents include:

• Drunk Truck Drivers
• Distracted Truck Drivers
• Tired Truck Drivers
• Defective Parts
• Poor Maintenance of the Truck
• Improperly Loaded Cargo
• Poor/Improper Training of Truck Drivers

There are multiple additional factors that contribute to these types of accidents, which is why hiring an experienced truck accident attorney in Wichita is in your best interest. At Hutton & Hutton Law Firm, LLC, our legal team is experienced in handling these types of claims and know what evidence is required to prove both the cause of an accident and who is responsible.

Understanding FMCSA Regulations and Truck Accidents

Because of the serious risk, commercial trucks pose in the event of an accident, truck drivers are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA has many regulations on truck drivers, to help protect other drivers on the road. One of these important regulations is called the hours of service regulations. Since tired drivers are much more likely to cause an accident either by a mistake or falling asleep at the wheel, these regulations regulate when a truck driver must rest and take breaks. The hours of service regulations states:

• Truck drivers can work up to 14-hour days. Only 11 of these hours can be spent actually driving, the remaining three hours must be spent on meal or rest breaks.
• After the workday is over, drivers must rest for at least 10 consecutive hours
• Truck drivers must take days off work at regular intervals. If a trucking company is open seven days a week a driver is only allowed to work 70 hours in an eight-day period before taking at least 34 consecutive hours off. If a trucking company is open less than seven days a week than a driver is only allowed to work 60 hours in a seven-day period before taking 34 hours off.

All too often truckers are caught breaking these rules. In rarer circumstances, the hours of service regulations are modified in times of national emergencies, such as in the recent COVID-19 crisis. This is done to help get supplies to certain locations faster.

Wichita Truck Accidents and Drunk Driving Dangers

State law regulates how high a truck driver’s blood alcohol concentration (BAC) can be while driving. Laws tend to be more stringent for commercial motor vehicle (CMV) drivers, who are responsible for maintaining the largest vehicles on the road. A CMV can weigh anywhere from 10,000 to 80,000 pounds. In Kansas, truck drivers can’t have a BAC of over 0.04%.

While penalties for DUIs are significantly higher for truck drivers, they are still caught driving commercial motor vehicles with a high BAC or under the influence of some kind of controlled substance. If you were injured in an accident with a drunk or drugged CMV driver, give us a call as soon as possible. Our attorneys at Hutton & Hutton Law Firm, LLC have been helping people seek compensation for their injuries since 1979.

Contact Hutton & Hutton Law Firm for a Free Consultation or call (316) 688-1166 to discuss your truck accident case today.

Common Causes of Truck Accidents

Because multiple parties could be held responsible for a semi-truck accident, determining the cause of the accident it typically key to determining liability.

Common causes of big-rig accidents include:

• Drunk Truck Drivers
• Distracted Truck Drivers
• Tired Truck Drivers
• Defective Parts
• Poor Maintenance of the Truck
• Improperly Loaded Cargo
• Poor/Improper Training of Truck Drivers

There are multiple additional factors that contribute to these types of accidents, which is why hiring an experienced truck accident attorney in Wichita is in your best interest. At Hutton & Hutton Law Firm, LLC, our legal team is experienced in handling these types of claims and know what evidence is required to prove both the cause of an accident and who is responsible.

Federal Truck Regulation Violations

Because of the serious risk, commercial trucks pose in the event of an accident, truck drivers are heavily regulated by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA has many regulations on truck drivers, to help protect other drivers on the road. One of these important regulations is called the hours of service regulations. Since tired drivers are much more likely to cause an accident either by a mistake or falling asleep at the wheel, these regulations regulate when a truck driver must rest and take breaks. The hours of service regulations states:

• Truck drivers can work up to 14-hour days. Only 11 of these hours can be spent actually driving, the remaining three hours must be spent on meal or rest breaks.
• After the workday is over, drivers must rest for at least 10 consecutive hours
• Truck drivers must take days off work at regular intervals. If a trucking company is open seven days a week a driver is only allowed to work 70 hours in an eight-day period before taking at least 34 consecutive hours off. If a trucking company is open less than seven days a week than a driver is only allowed to work 60 hours in a seven-day period before taking 34 hours off.

All too often truckers are caught breaking these rules. In rarer circumstances, the hours of service regulations are modified in times of national emergencies, such as in the recent COVID-19 crisis. This is done to help get supplies to certain locations faster.

Truck Accidents Caused By Drunk Driving

State law regulates how high a truck driver’s blood alcohol concentration

(BAC) can be while driving. Laws tend to be more stringent for commercial motor vehicle (CMV) drivers, who are responsible for maintaining the largest vehicles on the road. A CMV can weigh anywhere from 10,000 to 80,000 pounds. In Kansas, truck drivers can’t have a BAC of over 0.04%.

While penalties for DUIs are significantly higher for truck drivers, they are still caught driving commercial motor vehicles with a high BAC or under the influence of some kind of controlled substance. If you were injured in an accident with a drunk or drugged CMV driver, give us a call as soon as possible. Our attorneys at Hutton & Hutton Law Firm, LLC have been helping people seek compensation for their injuries since 1979.

Contact us online or call (316) 688-1166 to schedule a free consultation with us today.

Steps to Take After a Truck Accident

While any type of vehicle collision can be a traumatic experience, crashes involving large trucks have the potential to be particularly shocking. If you should ever be involved in a truck accident, it is vital you remain calm and check all involved parties for injuries. If anyone appears to be hurt, call an ambulance at once.

Once medical attention has been summoned, call the police and report the accident. A police officer will help you control the situation, move your vehicle to a safe location if possible, and create an official report of the incident. Cooperate with the police, but do not divulge any unnecessary details that could be misconstrued as an admission of fault. Avoid comments such as “I didn’t see them,” or even “I’m sorry,” as they can possibly be used against you later on.

If possible, take detailed photographs of the accident scene, including:

• Damage to all involved vehicles
• Tire tracks
• Damaged property
• Skid marks

These photographs can serve as valuable evidence when recreating the circumstances an accident and help determine who is at fault for the collision. Exchange and record important insurance information with the other involved drivers, including names, addresses, phone numbers, driver’s license numbers, and license plate numbers.

Once all immediate requirements have been satisfied, it is vital you consult with a knowledgeable Wichita truck accident lawyer from our firm to determine the most appropriate course of action to take. An attorney from our firm can sort through the facts of your case and craft a strategy that maximizes your chances of securing compensation.

Call (316) 688-1166 or contact us online to discuss the details of your truck accident with our team for free. 

Why Do I Need A Truck Accident Lawyer?

A truck accident attorney in Wichita can help you recover the compensation and justice you deserve. Often trucking companies are backed by top-tier attorneys and resources aimed at protecting their company, and inevitably, keeping you from recovering the compensation you deserve. The attorneys at Hutton & Hutton Law Firm, LLC are experienced in handling truck accident claims and know the ins and outs of what to expect during the claims process. Call us today to learn more about how we can help you.