Although tractor-trailer accidents are often the most deadly form of motor vehicle accident, the complexity and potential devastation associated with a commercial trucking accident increases substantially when an improperly secured load or an overloaded truck is involved. A fully loaded truck is more difficult to control, requires substantially increased braking distance and may decrease the ability of truck drivers to see other vehicles or obstacles. The massive weight of an overloaded tractor-trailer means not only increased probability of a trucking accident, but a resulting accident is likely to result in much more catastrophic injuries or wrongful death. Despite the trucking industry’s awareness of these risks, it is not uncommon for trucking companies to overload a tractor-trailer so that it can transport more in less time to increase profits.
The Wichita truck accident lawyers at Cummings & Cummings, L.L.C., have been representing trucking accident victims throughout Kansas who suffer serious injury or wrongful death in Kansas trucking accidents for years. If you or someone you love has been injured in a Kansas tractor-trailer accident, our attorneys will investigate whether the trucking accident was a result of overloading the commercial truck or other practices that violate federal or state trucking regulations or industry standards.
The weight and size of the load transported by a tractor-trailer has a significant impact on the probability that the commercial truck will be involved in a Kansas trucking accident as well as the seriousness of any resulting motor vehicle collision. Although federal regulations permit a tractor-trailer to be loaded up to 80,000 pounds, a truck loaded to this weight increases accident risks substantially. A tractor-trailer, which only weighs 50,000 pounds, is only half as likely to be involved in a trucking accident as one fully loaded. Although trucking companies are well aware of the dangers posed by heavily loaded tractor-trailers, they will often exceed even the 80,000 pound limit. When a tractor-trailer weighing in excess of 80,000 pounds collides with a passenger vehicle, which may weigh 3,000 pounds, the results are predictable. Commercial trucking accidents cause over 12% of all motor vehicle fatalities with a passenger or driver in the other vehicle being the person killed 98% of the time.
The legal issues that arise when a tractor-trailer transports oversized, overweight or over-length items can be even more complex. Transportation of these types of cargo requires a special permit and special restrictions apply. Generally, these items must be transported during daylight hours and on non-legal holidays. Tractor-trailers transporting oversized, overweight or over-length items are also required to avoid urban areas during rush hour traffic. An extensive regulatory framework is imposed on the transportation of such articles to ensure the safety of others on the roadway and surrounding areas. One such requirement that may apply is a requirement that an escort vehicle accompany the oversized, overweight or over length load. Commercial trucks transporting these loads also require specialized marking, and special financial responsibility is imposed when transporting this type of cargo.
Some serious Kansas trucking accidents are caused by cargo loads that are improperly loaded or secured. Cargo that is not properly secured can fall into the roadway and cause obstructions or fall directly onto other vehicles. When a cargo load is not properly loaded even a slight shift in the load can cause the truck to jackknife or the truck driver to otherwise lose control of the big-rig. If the tractor-trailer has not been correctly loaded, the tractor-trailer’s center of gravity may be off causing the driver to lose control of the truck or the truck to tip or jackknife.
When a massive 80,000 tractor-trailer is involved in a collision with another vehicle, there is no such thing as a minor fender bender. The results are typically catastrophic injuries including traumatic brain injury, spinal cord injuries, paralysis, broken bones or fractures and wrongful death. Trucking companies have teams of trucking accident experts that may be dispatched to the accident scene immediately, and critical evidence can disappear. The liability of trucking companies for tractor-trailer accidents often involves violations of the complex matrix of federal and Tennessee trucking regulations. An experienced Kansas trucking accident lawyer must have a thorough understanding of these special requirements. If you are involved in litigation with a trucking company, it is important to have experienced Kansas tractor-trailer accident lawyers on your side who will examine all of the causes that contributed to the trucking accident including traffic violations, hours of service violations, driver fatigue or drowsiness, driving under the influence of drugs or alcohol, exceeding the maximum permissible load and other violations of trucking regulations and/or trucking industry standards.
In personal injury cases, we work hard to get our clients the maximum amount of compensation possible. Our clients can rely on the three decades of courtroom skill and experience we have to offer them. For a free consultation with one of our experienced Kansas 18 wheeler accident lawyers, stop in and see us at our conveniently located downtown Wichita law office or contact us directly right now.
Cummings & Cummings, L.L.C.
129 East 2nd Street
Wichita, KS 67202
Phone: (316) 264-1548
Fax: (316) 264-4704
Tags: Kansas Trucking Accident Lawyer, Wichita Truck Accident Lawyers
