Like most cities, the Kansas City area has multiple large highways and dense traffic at times. Occasionally, these conditions become dangerous or even fatal when a large truck collides with smaller vehicles or other trucks. Because of the size and weight of these trucks, property damage and injuries can be severe when one of them crashes.
One Dead on Interstate 435
Interstate 435 was to scene of a fatal truck accident recently. A 60 year old woman from Kansas City was driving her car along the road when it was hit by one truck and went into a guardrail. The car then went back into the road and went right into an additional dump truck. The woman was pronounced dead on the scene shortly afterward. The southbound lanes of I-435 were closed from approximately 9:30am until 1:00pm while the accident was cleared. The two truck drivers spoke to police and were allowed to leave after there was no suspicion of criminal activity.
What to do when injured by a Truck?
Even in cases such as this where the police officers clear the truck drivers of any criminal charges at the scene, it is still both possible and beneficial to file a civil lawsuit against the driver. In similar situations, the driver and the business they work for are usually attached to the lawsuit as long as the driver was working when the accident occurred. The trucking business may also have commercial insurance that helps to pay out any claims against them. The lawyer may be able to discover evidence that the driver or company has a history of accidents, not following procedures properly, or careless driving.
Lawsuits against a trucking company will essentially attempt to prove that the driver’s conduct fell below a normal standard of care for someone involved in operating such a large and dangerous vehicle. A lawyer will also prove that this improper driving was the cause of damages and injuries to the person who is suing the trucking company. This process of showing a breach of a duty of care that caused injury to others is called a negligence action. Most lawsuits involving automobiles are actually negligence cases.
Kansas Negligence Laws
The state of Kansas also has some peculiarities regarding negligence. Cases in the state follow a doctrine called modified comparative negligence. Generally speaking, if the plaintiff is found to be at least half at fault in an incident it bars their ability to collect any money from the defendant. However, it is unnecessary to learn the specifics of this law to file a lawsuit, and a conversation with an attorney is still important before any conclusions can be drawn.
How much can someone collect after a Truck Accident?
Damages are calculated based on the specifics of each accident, so it can be difficult to know exactly how much a trucking company will pay a plaintiff either through a settlement or judgment after a trial. The money paid out to victims usually covers things like lost wages from missing work, medical bills, or permanent injuries that affect a person’s ability to function normally. In cases of death such as the recent incident on I-435, the plaintiff’s family can file a wrongful death lawsuit and recover larger amounts. These can include the sum of money the person would have earned through their wages until retirement, as well as amounts to compensate them for the loss of a loved one. Cases of severe injuries such as paralysis, missing limbs, permanent loss of mobility, or death will usually allow larger amounts to be collected because damages are calculated relative to the actual harm caused by the accident.
Contact a Local Kansas City Attorney Today
If you have been injured on the roads by a truck, please seek legal help as soon as possible. A local lawyer in the Kansas City area with a history of winning cases involving truck accidents can speak to you and answer any questions you may have.