Areas to Consider in the Complex Aftermath of Commercial Truck Accidents
Any motor vehicle wreck is cause for concern physically, emotionally, and legally; however, commercial trucking accidents can increase this trauma through the sheer complexity of their implications. Due to the size, weight, and speed of the vehicle, truck accidents can cause much greater consequences in an individual’s life compared to those of a regular car wreck. In 2025 alone, Kansas has seen 488 accidents involving a truck, 16 of which were fatal.
Commercial trucks can be highly dangerous when negligence occurs; therefore, it is of utmost importance for commercial trucking companies, drivers, policymakers, attorneys, and the public to be aware of safe practices and laws regarding the operation of these vehicles.
Common Causes of Truck Accidents
- Driver fatigue – Drivers are rewarded for delivering loads. So, they are tempted to ignore sleep and instead endure long hours on the driving on road. This fatigue impairs judgment and reaction time.
- Improper maintenance – Brake failures, tire blowouts, and other mechanical issues can lead to loss of control.
- Driver error – Speeding, distracted driving, or failure to adhere to traffic laws are significant contributors.
- Improper loading – Overloaded or unbalanced cargo can destabilize a vehicle, increasing rollover risk.
- Impaired driving – Use of alcohol or drugs, though less common, remains a concern in the industry because of their effect on judgment and coordination.
- Inadequate training – Drivers who violate training laws and licenses are at risk of misoperating large commercial vehicles due to their inexperience.
- Weather conditions – Visibility and traction can be impaired while on the road when weather conditions like rain, sleet, fog, snow, and more occur.
Applicable Rules and Regulations
Although some of these causes are unavoidable, many of them can be deterred through proper adherence to state and federal laws. These rules, regulations, statutes, and policies are in place to enhance the safety of motor vehicle drivers with special attention to commercial trucking. At large, these include Motor Carrier Safety Regulations (Federal and State), Commercial Driver’s License (CDL) rules and guidelines, the Code of Federal Regulations (CFR), and various industry safety standards. Also, the National Transportation Safety Board (NTSB), while not a regulatory body, the NTSB investigates major trucking accidents and makes safety recommendations that influence policy. More specifically:
49 CFR Part 390–399 (FMCSRs) – General safety rules and specific operational requirements.
Motor Carrier Regulations – Motor vehicles are regulated at both the federal and state levels. The Federal Motor Carrier Safety Administration (FMCSA) is the primary agency that regulates commercial vehicles at the federal level. Each state also has its own regulations that often comply with the federal level. Pivotal regulations include:
- Hours of Service (HOS) Regulations
- FMCSA Section 395.3(a)(2) – 14 Hour Rule Driving Window and FMCSA Section 395.3(a)(3) 11 Hour Daily Limit Rule
- FMCSA Section 395.3(a)(3) – 11-Hour Daily Limit Rule 60/70-Hour Duty Limit
- FMCSA Section 396 Vehicle Maintenance and Inspection Requirements
- (USDOT) 49 CFR part 40 and (FMCSA) 49 CFR 382 Drug and Alcohol Testing
- Commercial Driver’s License (CDL) Issues
- CFR 383.51 CDL Disqualification (FMCSA 393.51)
5 Steps to Take After a Truck Accident
With the severity of commercial truck accidents, it is crucial to take the correct steps post-wreck to ensure the best outcome. Typically, this involves working with an experienced truck accident attorney who understands the intricacies of federal and state trucking regulations, liability issues, and the tactics used by trucking companies and their insurers to minimize payouts. Avoid the truckload of issues in commercial vehicle wrecks by contacting Wallentine Injury Law today to receive the compensation you deserve. Before contacting our team, ensure your safety and preparation by taking these 5 steps after a truck accident.
Stay Calm
As mentioned previously, truck accidents or any vehicle wreck can be trauma-inducing. Maintaining composure after an accident is highly important in keeping you and those around you safe. In an effort to prepare for probable litigation, keeping a clear mind also prevents you from making statements that could be used against you in court.
Contact 911
It is crucial to call emergency services immediately after a truck accident takes place. Upon arrival, police and EMT’s will provide you with any medical attention you may need. Addressing the medical emergencies of the crash should be the first priority of all parties involved. Even if you do not feel injured at the moment, seeking medical evaluation is vital, as some injuries, such as whiplash or internal trauma, may not be immediately apparent. Seeking medical attention is also a key step in personal injury litigation. First, seeing a doctor right away creates immediate documentation of your injuries. Furthermore, it ensures that insurance companies do not attempt to downplay your accident/injuries. Kansas is home to numerous trustworthy and accredited hospitals that can provide you with the care you need after a truck accident.
After everyone’s medical needs are addressed, the police will begin documenting evidence to create an accident report. Truck wrecks will often times lead to a special report and investigation by specially qualified semi truck law enforcement personnel. This report is particularly crucial in truck accident cases due to the involvement of commercial trucking companies, whose liability often extends beyond just the truck driver. Many trucking accidents involve multiple liable parties, such as the trucking company, maintenance providers, cargo loaders, or even manufacturers of defective truck parts. Proper documentation is essential for establishing liability. Large companies must be held accountable for the damages caused by their employees and/or vehicles.
Document Evidence
Once immediate emergencies are managed, you can begin documenting evidence of the accident scene, if physically able. Compiling a vast amount of evidence can aid in proving who is held liable in the legal process. Time is of the essence in gathering and preserving evidence that can be used in court. Not to mention, Kansas only allows 2 years after the incident to file a truck accident claim.
- Photos of all vehicles involved, including damage to your vehicle and the commercial truck.
- Close-up and wide-angle shots of skid marks, road conditions, and debris from the crash.
- Documentation of visible injuries.
- Photos of any relevant traffic signs, signals, or obstructions that may have played a role in the accident.
- Weather and lighting conditions at the time of the accident.
- Dashcam footage, if available.
- Eyewitnesses’ evidence- pictures, videos, and statements in relation to the crash.
Exchange Information
Supplementary to the evidence already collected, you should exchange information with all parties involved before leaving the scene. This is extremely pertinent in truck accident cases due to the presence of a trucking company and potential corporate liability. Information to collect includes:
- Full names of drivers involved
- Addresses of drivers involved
- Phone numbers of drivers involved
- E-mail addresses of drivers involved
- License plate numbers
- Drivers’ license numbers
- Insurance information
- Name and contact of trucking company
- USDOT number and any identifying information on the truck
- Cargo details, if available
- Driver’s logs
Note: Some of this information may be difficult or even impossible to obtain right away due to the severe and chaotic nature of truck wrecks. Sometimes it may even be difficult to initially identify what truck caused specific issues. Again, time is of the essence, and while law enforcement does their investigation, you or your attorney will potentially need to be doing an independent investigation.
Contact a Truck Accident Attorney
Resolving truck accidents cannot be done alone. Hiring an experienced commercial truck accident attorney will help you receive the compensation you deserve. Contact our team today at 913-934-NEED (6333) or online to schedule your free consultation. You don’t pay a dime, unless we win!
