Overland Park Semi Truck Accident Lawyer
This item requires flash 9.0 or higher. Please go to the Adobe site to download the newest version.

Have you been injured in a semi-truck accident?

Nationwide transportation networks are the lifeblood of our economy and way of life. But sometimes the instruments of those networks make mistakes and those mistakes injure good people. Negligently operating a heavy truck can be a recipe for a life-altering disaster. Because of the vast size and weight difference between semi trucks and passenger vehicles, accidents involving heavy trucks often cause serious injury or death. If you or a family member has been the victim of a negligent truck driver you may be entitled to assert a claim and be compensated for your loss.

The lawyers of Copley Roth & Davies LLC collectively have over 30 years dealing with the Federal Motor Carrier Safety Regulations. One of the firm's attorneys at one point was a manager at a Fortune 500 motor carrier and another of the firm's attorneys maintains a Commercial Driver's License (CDL). The attorneys at Copley Roth and Davies know the trucking industry from the inside out. If you or a loved one has suffered the tragic consequences of a trucking accident or bus accident we welcome your call to discuss the most effective and efficient handling of your particular situation.

Call Today 913-451-9500

The Kansas City Metropolitan area is at the intersection of two major United States interstates - I-35 traveling north and south and I-70 traveling east and west. Kansas City, being centrally located in the United States, is a major hub of trucking and interstate transportation services. There are thousands of tractor-trailer accidents and bus accidents in and around the Kansas City Metropolitan area each year. The impact of a trucking accident or bus accident can be devastating. Many times the collision between a tractor-trailer weighing up to 80,000 pounds and a passenger vehicle weighing only 3,000 pounds has catastrophic consequences, including severe personal injury or wrongful death. If you or a loved one has experienced the tragic consequences of a trucking accident or bus accident, call the experienced truck accident attorneys at Copley Roth & Davies, LLC.

The rules and regulations governing the conduct of truck drivers and trucking companies, including buses, differ substantially from those governing the normal motoring public. The Federal Motor Carrier Safety Regulations (FMCSR) dictate the conduct of a commercial driver (truck driver) and a motor carrier (trucking company). The regulations are vast, and provide standards of conduct for drivers and companies. Unfortunately, due to the pressures of maintaining business and maximizing profits, many times the trucking companies fail to comply with the most simple, straightforward safety rules. The experienced truck accident attorneys at Copley Roth & Davies, LLC are familiar with the FMCSR, and have a thorough knowledge of their application in the trucking and transportation industry.

At the outset of any investigation involving a trucking accident or bus accident, a number of important questions must be answered, and critical information must be gathered and preserved.

First, was the truck driver appropriately qualified to operate a commercial motor vehicle?
Parts 383 and 391 of the Federal Motor Carrier Safety Regulations (FMCSR) provide strict standards for the qualification of the driver of a commercial motor vehicle. The stated purpose is simple, to help reduce or prevent truck and bus accidents, fatalities, and injuries by requiring drivers to have a single commercial motor vehicle driver's license and by disqualifying drivers who operate commercial motor vehicles in an unsafe manner. Among other things, a truck driver must: (a) have a valid commercial driver's license (CDL) issued by only one state; (b) have knowledge and skills necessary to operate a commercial motor vehicle safely; and (c) be physically qualified to drive, including certification by a qualified medical examiner that he/she is physically qualified to drive a motor vehicle.

Second, was the truck or bus involved safe and appropriately equipped?
Many times trucking companies, in an effort to maximize profits, fail to comply with the standards provided for the inspection and maintenance of its commercial motor vehicles. Parts 393 and 396 of the Federal Motor Carrier Safety Regulations (FMCSR) provide minimum standards for the parts and accessories necessary for safe operation of a commercial motor vehicle and the inspection, repair, and maintenance of commercial motor vehicles. Part 393 sets forth minimum requirements relating to brakes and braking, lighting, fuel systems, and emergency equipment. Part 396 provides the requirements for a driver and company to perform systematic inspection, repair, and maintenance. Additionally, a commercial driver is required to complete a Daily Vehicle Inspection Report detailing the condition of the vehicle and equipment.There are a number of critical documents that should be obtained during any investigation of any Kansas City trucking accident or bus accident resulting in personal injury or wrongful death.

Third, was the truck driver tired?
FMCSR Part 395 provides the maximum Hours of Service (HOS) a commercial driver may operate a commercial vehicle. The truck accident attorneys at Copley Roth & Davies, LLC are experienced at conducting a detailed, thorough analysis of a driver's record of duty status (typically referred to as log books) to determine if a particular driver exceeded his/her allowable hours of service at the time of a particular accident or event. The HOS are classified as follows:"driving time,"on duty time" although a driver is not actually driving (typically loading/unloading cargo and related activities), and "off duty time." The Hours of Service regulations also differ between Property Carrying Commercial Drivers and Passenger Carrying Commercial Drivers, such as bus drivers. Currently, a property carrying driver is allowed to drive a maximum of 11 hours after 10 consecutive hours off duty. (The 11 hour driving limit) A driver may not drive beyond the 14th consecutive hour after coming on duty, following 10 consecutive hours off duty. Off duty time does not extend the 14 hour period. (The 14 hour limit) A driver may not drive after 60/70 hours on duty in 7/8 consecutive days. A driver may restart the 7/8 consecutive day period after taking 34 or more consecutive hours off duty. (The 60/70 hour on duty limit)

In addition to the regulations discussed above, additional pertinent parts of the FMSCR relating to trucking accidents and bus accidents are below.

Part 382 - Controlled Substance and Alcohol Use and Testing. The regulations in this Part establish the requirements and exclusions regarding the use of controlled substances and alcohol by a commercial motor vehicle driver. It also contains testing requirements of mandatory pre-employment, post-accident, and random testing of drivers.

Part 392 - Driving a Motor Vehicle. This section contains the requirements for a commercial driver for illness and fatigue, use of drugs and alcohol, unauthorized passengers, pre-trip equipment inspections, and emergency breakdown procedures. This section establishes the daily operating requirements for a commercial driver.

Fourth, is anyone preserving the evidence for you?
In addition to immediately obtaining critical data from the accident scene and the officials investigating the incident, it is similarly important that a trucking company be instructed to preserve critical information and documentation following a trucking accident. The FMCSR require trucking companies to maintain many documents relevant to its business operations. With the passage of time, many companies dispose of information that may be critical to evaluating the cause of a trucking accident. The lawyers at Copley Roth & Davies LLC have been involved in hundreds of cases involving trucking accidents and bus accidents. Accordingly, they are able to immediately analyze the issues involved in a particular accident and prepare an appropriate, extensive preservation of evidence letter to the trucking company to ensure that the trucking company is on notice that all relevant data and documentation is to be properly preserved. Then, in the event critical information is disposed of we should be allowed to argue that the trucking company is guilty of intentional spoliation of evidence.

Unfortunately, many times the resulting injuries and damages from a truck accident or bus accident are catastrophic. Many times severe personal injury including paralysis, loss of limb, burn injuries, brain injuries or death result from a collision involving a tractor-trailer. The damages in these incidents are typically substantially more severe than a collision involving two passenger vehicles. Oftentimes, truck collisions result in other collisions for instance; a multi-vehicle pile-up on a highway. The damages recoverable are the same as in other personal injury or wrongful death lawsuits.

It is important that skilled and knowledgeable truck accident attorneys familiar with the numerous factors that may be directly relevant to a trucking accident or bus accident causing severe personal injury or wrongful death immediately begin an investigation following an accident.