Truck accident
Truck Accident Attorneys in Wichita, Kansas
The firms in this guide
- Bull Attorneys (formerly Pistotnik Law) Call Bull Attorneys (formerly Pistotnik Law): (316) 330-9200
- DM Injury Law Call DM Injury Law: (316) 888-7500
- DeVaughn James Injury Lawyers Call DeVaughn James Injury Lawyers: (316) 888-8888
- Hess Law, LLC
- Warner Law Offices Call Warner Law Offices: (866) 584-1032
1. Bull Attorneys (formerly Pistotnik Law)
Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck crashes, commercial vehicle accidents, catastrophic injury litigation, wrongful death claims from trucking incidents
Case Types Handled: Tractor-trailer accidents, jackknife accidents, rollover crashes, delivery truck collisions, cargo vehicle crashes, driver fatigue accidents, distracted driving incidents, mechanical failure crashes, brake failure accidents, wrongful death from truck accidents
Legal Services: Accident investigation, evidence preservation, federal trucking regulation compliance analysis, driver qualification file review, hours of service violation investigation, negligent hiring claims, negligent training and supervision claims, insurance claim negotiations, litigation, trial representation, settlement negotiations
Background: Bull Attorneys has over 40 years of trucking law experience. The firm was founded in 1983 and has developed specific expertise in trucking accident litigation. The firm studies trucking patterns across Wichita and Kansas and has offices positioned to serve areas with high concentrations of trucking accidents.
Location: Wichita, KS (additional offices throughout Kansas)
Contact: (316) 330-9200 | https://bullattorneys.com
Consultation: Free consultations available; contingency fee basis (no fee unless recovery obtained)
2. DM Injury Law
Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents
Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver negligence cases, trucking company liability matters, highway trucking accidents
Legal Services: Comprehensive case evaluation, accident investigation, evidence gathering, federal regulation compliance review, driver history analysis, insurance negotiations, litigation, trial representation, settlement negotiations, medical expense recovery
Background: DM Injury Law has achieved verdicts exceeding $11 million. The firm handles trucking accident cases in Wichita and throughout Kansas, providing free consultations to injury victims.
Location: Wichita, KS
Contact: (316) 888-7500 | https://www.dminjurylaw.com
Consultation: Free initial consultations
3. DeVaughn James Injury Lawyers
Practice Focus: Truck accidents, semi-truck collisions, commercial vehicle crashes, 18-wheeler accidents, tractor-trailer incidents, catastrophic injuries, wrongful death claims
Case Types Handled: Commercial truck accidents, big rig crashes, delivery truck incidents, bus accidents, public transportation accidents, delivery van incidents, driver fatigue accidents, hours of service violations, improper loading incidents
Legal Services: Accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim handling, litigation, trial representation, settlement negotiations, wrongful death claims
Background: DeVaughn James Injury Lawyers is the largest personal injury law firm in Kansas with offices in Wichita, Topeka, and Kansas City. The firm has extensive experience handling trucking accident cases throughout the state and region.
Location: Wichita, KS (multiple Kansas office locations)
Contact: (316) 888-8888 (Wichita) | https://www.devaughnjames.com
Consultation: Free consultations available; contingency fee basis
4. Hess Law, LLC
Practice Focus: Truck accidents, 18-wheeler crashes, commercial vehicle collisions, semi-truck accidents, catastrophic injury litigation, wrongful death from trucking incidents
Case Types Handled: Tractor-trailer accidents, delivery truck collisions, commercial fleet crashes, driver negligence incidents, trucking company liability cases, intersection truck accidents, highway trucking collisions
Legal Services: Case investigation, evidence gathering and preservation, federal regulation compliance analysis, insurance negotiations, litigation, trial representation, settlement negotiations, medical treatment coordination, lost wage recovery
Background: Hess Law, LLC is a Kansas personal injury firm handling trucking accident cases in Wichita and throughout the state. The attorneys understand Kansas personal injury law and federal trucking regulations.
Location: Wichita, KS
Contact: Contact through website | https://www.hesslawllc.com
Consultation: Free case evaluations
5. Warner Law Offices
Practice Focus: Truck accidents, commercial vehicle collisions, 18-wheeler crashes, semi-truck accidents, catastrophic injuries, wrongful death from trucking incidents
Case Types Handled: Large truck collisions, tractor-trailer accidents, delivery vehicle crashes, commercial fleet incidents, driver fatigue cases, trucking regulation violation cases
Legal Services: Comprehensive accident investigation, evidence preservation, federal trucking regulation analysis, driver qualification review, insurance claim negotiations, litigation, trial representation, settlement negotiations, wrongful death claims
Background: Warner Law Offices has over 50 years of combined legal experience among its attorneys. The firm handles trucking accident cases in Wichita and throughout Kansas.
Location: Wichita, KS
Contact: (866) 584-1032 | https://www.warnerlawoffices.com
Consultation: Free consultations available
Federal Truck Coverage, Driving Limits and Proportional Liability in Wichita Truck Crash Claims
Federal rules supply the starting facts in a Wichita truck crash: the commercial motor vehicle definition, the carrier’s coverage minimum and the driver’s daily driving window. Kansas law then makes each defendant liable only in proportion to its own causal negligence and caps nonpecuniary wrongful death damages.
Which Trucks the Federal Rules Reach and Their Coverage
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater. Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and under 387.7 it may not operate until that coverage is in effect.
The Daily Driving Window and Post-Crash Testing
Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs).
Proportional Liability
Under K.S.A. 60-258a(d), when recovery is permitted against more than one party, each party is liable for the portion of the damages that its causal negligence bears to the causal negligence of all parties against whom recovery is permitted. Under (c), any other person whose causal negligence is claimed to have contributed must be joined as a party on motion.
The Wrongful Death Cap
Under K.S.A. 60-1903(a), wrongful death damages other than pecuniary loss may not exceed $250,000 in the aggregate, and under (b) the jury is not told about the limit.
Wichita Truck Accident Questions
How long do I have to sue the trucking company?
Two years under K.S.A. 60-513(a)(4) for an injury claim and 60-513(a)(5) for a wrongful death action. A claim over a municipal truck needs a written notice under K.S.A. 12-105b(d) before suit, and Tort Claims Act liability is capped at $500,000 per occurrence under 75-6105.
Can I recover if I was partly at fault?
Yes, if your negligence is less than the negligence of those you are suing. For example, imagine $300,000 in damages and 25 percent of the negligence on the injured driver: under K.S.A. 60-258a the recovery would be $225,000.
Is there a cap on punitive damages in Kansas?
Yes. Under K.S.A. 60-3702(e), punitive damages may not exceed the lesser of the defendant’s highest annual gross income in any of the five prior years, or up to 50 percent of net worth if that is clearly inadequate, and $5 million; under (f) a higher limit applies when the misconduct’s profitability exceeds that amount.