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What To Do After a Truck Accident in Kansas

Adams Cross, LLC Dec. 16, 2024

At Adams Cross, LLC in Olathe, Kansas, we strive to help clients handle the aftermath of a truck accident in Kansas. These situations can be overwhelming, especially when dealing with injuries, property damage, and the legal process. 

Knowing the steps to take after an accident can help protect your rights and pave the way for fair compensation. Our legal team understands how pressing these matters can be, which is why we are dedicated to being by your side every step of the way.

Prioritize Safety and Health First

Immediately after a truck accident, safety should be the priority. If possible, move yourself and others to a safe location away from traffic. Turn on hazard lights to alert other drivers and prevent further incidents. 

Checking for injuries is essential; even if you feel fine, you should have a medical professional evaluate you as some injuries may not be immediately apparent. Once everyone is in a safe location, call 911 to report the accident. Kansas law requires reporting accidents involving injuries, fatalities, or significant property damage. 

This step has law enforcement document the scene, which can be valuable for your claim. Always request a copy of the police report for your records. Documenting the scene also helps to strengthen your case.

Document the Accident Scene

Gathering evidence at the scene is crucial. Take clear photos of vehicle damage, license plates, road conditions, traffic signs, and any visible injuries. Videos can also provide a more comprehensive view of the scene. If there are witnesses, ask for their contact information and statements about what they observed.

While documenting the scene, avoid discussing fault with anyone. Statements made at the scene could be misinterpreted and used against you later. Instead, stick to factual descriptions when speaking to the police or witnesses. Once you’ve documented the scene, shifting focus to your insurance company is key.

Notify Your Insurance Company

Contacting your insurance provider as soon as possible is necessary. Provide them with the details of the accident, but avoid giving recorded statements without legal guidance. 

Insurance adjusters may try to minimize payouts, so being cautious about what you say is important. Instead, stick to the basic facts and let your legal counsel handle negotiations. If the trucking company’s insurance contacts you, it’s wise to refrain from speaking with them directly. 

Direct communication with their representatives could complicate your case. Understanding your legal options often begins with consulting a knowledgeable attorney.

Consult an Attorney Familiar With Kansas Truck Accident Laws

Truck accidents often involve unique legal challenges due to regulations governing commercial vehicles. Consulting with attorneys experienced in Kansas truck accident cases can help you understand your rights. 

They can analyze evidence, negotiate with insurance companies, and guide you through filing a claim. Kansas follows a comparative fault system, which means your compensation could be reduced if you’re partially at fault. An attorney can help minimize this risk by building a strong case. 

They’ll also see that your claim is filed within Kansas’s two-year statute of limitations for personal injury cases. Once legal representation is secured, preparing for potential compensation steps becomes the next priority.

Seek Compensation for Your Damages

Truck accidents can result in significant financial burdens. Victims often face medical bills, vehicle repairs, lost wages, and emotional distress. An attorney can help calculate the full scope of damages, including future expenses, to make sure your claim reflects your actual losses. 

Compensation typically comes through settlement negotiations or a court award. Settlements are common and often provide a faster resolution. If negotiations don’t yield fair results, your attorney can take your case to court. 

In either situation, having a strong advocate makes a significant difference. Understanding what to avoid can also protect your claim.

Common Mistakes to Avoid After a Truck Accident

Avoiding certain mistakes after a truck accident is vital to protecting your rights and strengthening your claim. These missteps can undermine your case and potentially reduce the compensation you’re entitled to receive. Some common mistakes to keep in mind, along with ways to avoid them, include:

  • Failing to seek medical attention: Delaying medical care could harm your health and weaken your case. Even if you don’t feel injured, some conditions like internal injuries or concussions may not show immediate symptoms. Seeking prompt medical care creates a record connecting your injuries to the accident.

  • Posting on social media: Anything you share online can be used against you. Even a seemingly harmless post or photo can be taken out of context and impact your claim. Avoid discussing the accident, your injuries, or the legal process online until your case is resolved.

  • Admitting fault: Even apologizing at the scene can be misconstrued as admitting responsibility. Stick to factual descriptions of what happened and avoid making statements about who may have been at fault. Let the evidence speak for itself during the claims process.

  • Delaying legal help: Waiting too long to seek legal guidance can jeopardize your claim. Truck accident cases often involve complicated regulations and evidence that can be lost over time. Consulting an attorney early sees that your case is properly prepared.

  • Settling too quickly: Accepting the first settlement offer may not cover all your damages. Insurance companies often aim to minimize payouts, so it’s important to have a clear understanding of your losses before agreeing to any offer. Your attorney can help you negotiate a settlement that reflects your full costs.

Avoiding these errors can set the foundation for a stronger case and help you pursue the compensation you need. With these precautions in mind, let’s explore some frequently asked questions about truck accidents.

Frequently Asked Questions About Truck Accidents

After a truck accident, victims often have many concerns about what to expect and how to proceed. Understanding the legal process can ease some of the uncertainty and help you feel more prepared. Below are answers to some of the most common questions regarding truck accidents in Kansas:

  • How long do I have to file a claim after a truck accident in Kansas?
    You typically have two years from the date of the accident to file a personal injury claim. Acting quickly means evidence is preserved, and you don’t risk missing this important deadline.

  • Can I file a claim if I’m partially at fault?
    Yes, Kansas allows you to recover damages if you’re less than 50% at fault, though your compensation will be reduced accordingly. An attorney can help clarify how fault might affect your case and work to minimize its impact.

  • What should I do if the trucking company’s insurance contacts me?
    Direct them to your attorney and avoid providing any statements without legal guidance. Speaking with the insurance company yourself could lead to statements being used against you, which is why representation is essential.

  • Will I need to go to court to resolve my case?
    Many cases settle out of court, but your attorney will prepare for trial if needed. The decision to go to court often depends on whether a fair settlement can be reached during negotiations.

  • What types of compensation are available?
    Compensation can include medical expenses, lost wages, pain and suffering, and property damage. An attorney will assess your situation to see that all your losses, including future costs, are considered in your claim.

These answers address the key concerns many truck accident victims face and emphasize the importance of having knowledgeable legal support throughout the process.

Choose the Right Legal Support

Our experienced personal injury attorneys strive to offer approachable and affordable services tailored to your needs. We proudly serve clients throughout Johnson County, Lawrence, Wyandotte County, and the Kansas City Metro area. Contact us at Adams Cross, LLC to schedule a consultation and begin working toward a resolution.