Walner Law - Attorneys

Kansas City, MO Truck Accident Lawyer

If you were injured in a truck accident in Kansas City, you have specific rights under Missouri law to pursue payment for the harm you’ve suffered.

This process involves a deep dive into state and federal trucking regulations, a thorough investigation into the crash, and a clear-eyed assessment of what your recovery will truly cost.

These are not simple claims, and they frequently involve trucking companies and insurers with vast resources dedicated to minimizing their financial exposure.

Our team at Walner Law is here to provide clear answers. For a no-cost conversation about your case, call us at (312) 410-8496.

Guideline For Car Accident Lawyer

Why Consider Walner Law for Your Case?

Since 1961, Walner Law has focused on personal injury cases. Our decades of experience give us a clear understanding of the strategies used in high-stakes injury claims, especially those involving commercial trucking corporations across the country.

We believe in a direct, personal approach to every case. When you work with us, you should expect:

  • A Free Case Review: We will listen to what happened and give you a straightforward assessment of your legal options, with no obligation.
  • A Contingency Fee Basis: You pay nothing unless and until we secure compensation for you. Our goals are your goals.
  • Personalized Attention: Your case won’t be passed down a line. We make ourselves available to answer your questions and keep you informed every step of the way.
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If you have been injured by a driver who was using a cell phone, please contact us online at Walner Law® or call (312) 410-8496 today to schedule a free consultation with one of our lawyers about your cell phone car accident.
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What Does Full Compensation Look Like After a Truck Accident?

The purpose of a legal claim is to secure compensation that covers the full scope of these losses—not just the bills in your mailbox today, but the ones that will arrive for months, or even years, to come.

Trucking companies and their insurers are businesses. They must balance paying claims with protecting their profitability. Our job is to build a detailed and undeniable case for all the damages you are legally entitled to pursue under Missouri law.

Economic Damages: The Tangible Costs

These are the specific, calculable financial losses that stem directly from the accident.

  • Complete Medical Expenses: This covers everything from the initial ambulance ride and emergency room care to future surgeries, physical therapy, rehabilitation, and any necessary medical equipment.
  • Lost Income: We calculate the wages, salary, and benefits you have already lost from being unable to work.
  • Diminished Earning Capacity: If your injuries prevent you from returning to your old job or earning the same income, this calculation accounts for that long-term financial loss.
  • Property Damage: This includes the cost to repair or replace your vehicle and any other personal property destroyed in the crash.


Non-Economic Damages: The Human Cost

These damages are for the real, but less tangible, ways the accident has rewritten your life.

  • Pain and Suffering: Compensation for the physical pain and emotional distress the injuries have caused.
  • Loss of Enjoyment of Life: If your injuries now prevent you from participating in hobbies, family activities, or daily routines that you once valued.
  • Disfigurement: For permanent changes to your appearance, such as scarring.


How Does Missouri’s “Pure Comparative Fault” Law Affect Your Claim?

Missouri law follows a “pure comparative fault” system. It’s a legal concept that means your final compensation award is reduced by your percentage of blame for the accident. For example, if a jury determines you were 10% at fault, your total recovery would be reduced by 10%. Unlike in some states, you can still recover damages even if you are found to be 99% at fault.

Insurance companies understand this rule well. Their investigators will search for any piece of evidence they can use to argue you were partially to blame, as every percentage point of fault shifted to you reduces the amount they have to pay. Our role is to build a case that counters these arguments and minimizes any unfair allocation of fault.

Kansas City's Crossroads: Why Our Highways Are Hotspots

As a major transportation hub, Kansas City’s highways are constantly buzzing with commercial trucks. This unending flow of traffic unfortunately makes certain areas prone to serious accidents.

Data and reports show that some of our major arteries are particularly hazardous:

  • Interstate 70 (I-70): A primary east-west corridor, its sheer traffic volume and series of complex interchanges make it a frequent site for collisions.
  • Interstate 35 (I-35): Another major route that experiences significant congestion, which elevates the risk of accidents, particularly during rush hour.
  • Interstate 435 (I-435): The city’s loop is known for high speeds and heavy truck traffic.
  • U.S. Highway 71: A stretch of this highway in south Kansas City has been previously identified as having a high number of fatal accidents.
  • Interstate 670: This short downtown loop has been noted in the past as one of the most dangerous roads per mile in the country due to its tight design and dense traffic.


The Numbers Behind the Risk

Between 2012 and 2022, fatalities in Missouri from crashes involving large trucks shot up by nearly 59%.

What Makes Truck Accident Claims So Different?

A collision with a semi-truck introduces a level of legal and factual inquiry that simply doesn’t exist in a standard car accident case. The investigation goes far beyond the drivers involved.

A Web of Responsibility

In a typical car crash, you’re usually dealing with one at-fault driver. In a truck accident, the net of responsibility is cast much wider. Our investigation examines the potential liability of several parties:

  • The Truck Driver: Was the driver distracted, fatigued, or speeding? Did they violate any traffic laws? Driver error remains a leading factor in commercial truck crashes.
  • The Trucking Company (Motor Carrier): Companies can be held liable for their own negligence. This could include failing to properly screen or train a driver, encouraging drivers to violate safety rules to meet deadlines, or failing to maintain their fleet of vehicles. This is based on a legal principle called respondeat superior, which means “let the master answer” for an employee’s actions.
  • The Cargo Shipper or Loader: If cargo is improperly loaded, unbalanced, or not secured correctly, it can shift during transit and cause the driver to lose control.
  • The Truck or Parts Manufacturer: If the crash was caused by a mechanical failure—like faulty brakes, a defective tire, or a steering system malfunction—the company that designed or built that part could be held responsible.
  • Maintenance and Repair Shops: A third-party mechanic who performed shoddy or incorrect repairs on the truck could also share in the liability.


The Evidence Is Digital (and Paper)

Commercial trucks are required to carry a host of electronic and paper records that can provide a clear picture of what happened. Preserving this evidence immediately is a top priority.

  • The “Black Box” (EDR): Most modern commercial trucks are equipped with an Event Data Recorder (EDR). This device captures technical data in the moments before, during, and after a crash, such as vehicle speed, brake application, steering inputs, and engine RPM. This data is typically stored for only a limited time before it’s overwritten.
  • Electronic Logging Device (ELD): Federal law mandates ELDs in most commercial trucks to track a driver’s Hours of Service. This device shows exactly how long the driver was on the road, helping to determine if driver fatigue was a factor.
  • Driver Qualification File: The Federal Motor Carrier Safety Administration (FMCSA) requires trucking companies to maintain a detailed file for every driver. It includes their employment application, driving record (MVR), road test certificate, medical certificate, and safety performance history.
  • Maintenance and Inspection Records: Companies must keep detailed logs of all inspections, maintenance, and repairs performed on their trucks.
  • Bill of Lading: This document details the type, quantity, and destination of the cargo being transported, which is useful in cases involving improper loading.


A Tangle of Federal and State Rules

The trucking industry is governed by a dense set of safety regulations from the FMCSA. A key part of any truck accident investigation is determining if any of these rules were violated.

A prime example is the Hours of Service (HOS) regulations. To combat driver fatigue, these rules strictly limit driving time. For property-carrying drivers, the main limits are:

  • 11-Hour Driving Limit: A driver may drive a maximum of 11 hours after 10 consecutive hours off duty.
  • 14-Hour On-Duty Limit: A driver cannot drive beyond the 14th consecutive hour after coming on duty. This window includes non-driving work time like loading or inspections.
  • 60/70-Hour Weekly Limit: A driver cannot drive after being on duty for 60 hours in 7 consecutive days or 70 hours in 8 consecutive days. A driver can “restart” this weekly clock by taking at least 34 consecutive hours off duty.

The Physical Toll: Injuries Common in Truck Accidents

The immense force generated in a truck collision often results in severe and life-altering injuries. While any part of the body is vulnerable, some injuries appear more frequently in these types of crashes:

  • Head and Brain Injuries: The violent impact can cause the head to strike parts of the vehicle interior, leading to concussions or more severe traumatic brain injuries (TBIs). TBIs can have lasting effects on cognitive function, memory, and concentration.
  • Spinal Cord Injuries: Damage to the vertebrae or spinal cord can result in herniated discs, fractured vertebrae, or even paralysis. These injuries often require extensive medical care and can permanently change a person’s life.
  • Broken Bones: The crushing force of a truck accident can easily cause fractures in the arms, legs, ribs, and pelvis. Some breaks are complex and may require surgery and a long period of physical therapy.
  • Internal Injuries: The blunt force trauma can cause damage to internal organs, leading to internal bleeding or other life-threatening conditions that require immediate medical intervention.
  • Lacerations and Burns: Shattered glass and torn metal can cause deep cuts, leading to significant blood loss, infections, or permanent scarring.

Dealing with the Trucking Company's Insurance Adjuster

Soon after the accident, you will likely receive a call from an insurance adjuster representing the trucking company.

Know that the adjuster is a professional whose job is to investigate the claim and protect their company’s financial interests. This means they must balance paying valid claims with their duty to the company’s bottom line.

Here is what to keep in mind:

  • They Will Likely Ask for a Recorded Statement: You are not required to provide one. These statements are designed to get your version of events on record, and anything you say could potentially be used later to argue that you admitted some level of fault or that your injuries are not as severe as you claim. It is best to decline until you have spoken with a lawyer.
  • They Might Offer a Quick Settlement: An early offer can be tempting, especially as bills start to arrive. However, these initial offers are almost always made before the full extent of your injuries and future medical needs are known. Accepting it means you forfeit the right to ask for more money later if your condition worsens.
  • Their Investigation is Thorough: The adjuster will conduct a detailed investigation into every aspect of the crash. They will look for any evidence—from the police report to witness statements—to build a case that you were at fault, which would reduce their payout under Missouri’s comparative fault rule.

What Steps Should I Take to Protect My Claim?

While your legal team manages the investigation and negotiations, there are practical things you can do to strengthen your case.

Do:

  • Follow Your Doctor’s Treatment Plan: Sticking to your doctor’s orders does two things: it gives you the best chance at a full recovery, and it creates a clear medical record that documents the severity of your injuries.
  • Keep a Journal: Each day, take a few minutes to write down your pain levels, the physical limitations you’re experiencing, and specific ways the injuries are affecting your daily life.
  • Track All Your Expenses: Create a file and keep every single bill, receipt, and co-pay related to the accident. This includes medical bills, pharmacy receipts, and even mileage for your trips to and from the doctor.
  • Get a Copy of the Police Report: Your lawyer will obtain this, but it is always good to have a copy for your own records.


Don’t:

  • Post About the Accident on Social Media: Assume that the insurance company will be looking at your social media profiles. A single photo, check-in, or comment can be taken out of context and used to argue that your injuries are not as serious as you say they are. The safest approach is to stop posting until your case is resolved.

Frequently Asked Questions About Kansas City Truck Accidents

How long do I have to file a truck accident lawsuit in Missouri?

In most situations, the statute of limitations for filing a personal injury claim in Missouri is five years from the date of the accident. However, certain circumstances change this deadline, so it is important to act quickly and consult a lawyer.

What if the truck driver says I was in their blind spot?

Commercial trucks have large blind spots, often called “no-zones,” but truck drivers receive training on how to monitor them. A driver who makes an unsafe lane change or turn cannot simply blame a blind spot to escape responsibility for a collision.

The truck was from another state. Does that change my case?

No. Because the accident happened in Kansas City, your claim will be governed by Missouri law. The out-of-state trucking company is still subject to all federal regulations and must answer for the crash here.

The trucking company’s insurance already offered me a settlement. Should I take it?

It is generally unwise to accept an early settlement offer. These offers are typically made before you and your doctors know the full extent of your injuries and what future medical treatment you might need. Once you accept a settlement, you cannot ask for more compensation later.

What if a road hazard in Kansas City contributed to the crash?

If a dangerous road condition, like a deep pothole or a poorly designed intersection, played a part in causing the accident, it may be possible to file a claim against the government entity responsible for maintaining that road. These claims have very different rules and much shorter deadlines under the Missouri Tort Claims Act, so this possibility must be investigated immediately.

Take the Next Step Toward Your Recovery

Jonathan Walner in a blue shirt and tie smiling

You do not have to sort through this alone. Let our team at Walner Law provide the clarity and guidance you need.

For a free, confidential discussion about your truck accident case, call us now at (312) 410-8496.

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