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Scott Law, P.A.
310 W. Central, Ste 211
Wichita, Kansas 67202
316-266-4383
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WICHITA TRUCK ACCIDENT ATTORNEYKansas Trucking Accident Lawyer
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Personal, professional, and passionate representation.
Scott Law is a one man firm. I do not handle a large volume of cases generated by television advertisements. I can and will personally handle your case from start to finish. You case takes just one good lawyer. 20 lawyers at a large law firm are not going to be all working on your case, maybe not even one. I am not running a settlement mill where legal assistants are handling most of the work. I do the work myself. I have over 20 years of experience handling motor vehicle accident cases.
The very first motor vehicle case I handled was a truck-car accident on I-70 that occurred 25 years ago. My client's vehicle was traveling below the minimum highway speed and was rear ended the big truck. The setting sun and blowing dust from farmers plowing soil combined to decrease visibility. My client was elderly and did not feel he could drive safely above the minimum speed. The truck driver slammed on his brakes but was unable to stop in time. Shortly after the accident my client only complained of having some neck pain. Several weeks later he was diagnosed as having a nerve impingement form an intervertebral disk. The truck driver claimed that the accident occurred because my client was driving too slow. The trucking company's insurance carrier claimed that my client's neck injury was a degenerative condition resulting from his age and previous neck surgery. The settlement offer they made was rejected.
A lawsuit was filed against the truck driver and the company he worked for. During the lawsuit I discovered that the truck driver had just had cataract surgery in one eye and was scheduled to have the other eye operated on. Through expert medical testimony we were able to show that the truck driver's ability to see would likely have been impaired during unusual glare conditions and therefore the trucking company should not have been allowing him to drive at that time. Because both the truck driver and his employer should have known that he could not drive safely, an award of punitive damages became possible. The case was then settled for substantially more money.
Every day big trucks from Kansas and from all over the country travel our state and interstate highways. Truck drivers, and their companies, have a duty to see that this is done safely. Truck driving accidents can result from driver fatigue, driving too fast, inattention, drifting, tailgating, reckless or aggressive driving, drug or alcohol use, failure to ensure that the load is properly secured and balanced, improperly loaded cargo, and faulty equipment. Trucking companies can be made to pay for injury damages caused by the negligence of the truck drivers they employ. Trucking companies can also be negligent and liable to pay damages for not doing proper background checks on their drivers or for not properly supervising them. When the actions of a truck driver or his employer are wanton or reckless it may be possible to obtain an award for punitive damages. Although serious injuries can occur during minor impact collisions, in general the greater the force of impact the more likely serious injury or death will occur. The force of a collision is determined primarily by the relative weight of the vehicles involved, their speed and direction of travel. Large 18 wheel trucks outweigh passenger cars by many tons. When these trucks are involved in high speed collisions with passenger cars the consequence are often tragic.
Kansas Automobile Accidental Injury Lawyer
Personal, professional, and passionate representation. I am a solo practitioner. I do not handle a large volume of cases generated by television advertisements. I can and will personally handle your case from start to finish. I have over 20 years of experience handling motor vehicle accident cases. When you call you will talk to me. If I am not readily available I will encourage you call me on my cell phone, even after regular business hours. Not every significant event regarding your case will occur between 8 a.m. and 5 p.m. Good trial lawyers are accustomed to working very late and on weekends and sometimes holidays.
You may be entitled to compensation beyond the PIP benefits provided by your insurance company. If you have suffered injury in a car accident that was in whole or part the fault of another party or parties, you may be entitled to money damages for pain and suffering and disability from the negligent party or parties. Call an experience car accident attorney. I have over 20 years of experience in settling and trying car accident cases. When you call you won't talk to an associate or a legal assistant. You will talk to me. Your case won't be handled by an associate or legal assistant. I will personally handle your case from start to completion.
You may be able to recover money damages even if you are partly at fault. Under Kansas comparative negligence law you have recover damages as long as your own causal negligence is less than 50%, but your damages are reduced by your percentage of causal negligence. The other driver's insurance company is encouraged to claim you are partially at fault. They will also try to minimize the dollar value represented by the nature and extent of your injury. A good car accident lawyer is going to work to preserve and present evidence which minimizes your fault in the accident and maximizes the representation of your injury.
You may be able to recover money damages from more than one party. If you are an injured passenger you likely have no fault. Passengers injured in multicar accidents oftentimes can collect from damages from more than one negligent party.
Child passengers can recover money damages for injuries caused by a negligent parent. Kansas law mandates that all drivers and vehicles be covered by automobile liability insurance. Liability insurance coverage for a negligent driver covers injury to passengers in his/her car as well as injuries to persons in other vehicles involved in the accident.
Multiple insurance policies may be available. In some cases the liability limits of the negligent party or parties may not be enough to fairly compensate an injury victim. In such cases the injury victim's underinsured motorist protection benefits of his/her own policy might be available to cover these excess damages. Rights to underinsured motorist protection benefits can be forfeited if proper procedures are not followed. It is important that you consult with an attorney experienced in motor vehicle liability insurance matters.
You may not yet be aware of the full extent of your injury. The shock of being in an accident and having other more obvious injuries can mast sometimes very significant injury. The full extent of injury may not be discernable immediately following an accident. A neck sprain can end up being a herniated disk. (See my first big truck case) In some cases further injury occurs when a body part weaken in the accident gives way days or weeks later. It is important that you seek good medical care, but in some cases conditions worsen even with good medical care. Unfortunately in some cases poor medical has led to catastrophic injuries.
The clock is ticking on the time limitations for bringing claim. Evidence and statements critical to proving fault in the accident may need to gathered and preserved. Better documentation regarding your injuries and damages may need to be obtained and preserved. Consult with a lawyer who has many years of experience handling car accident cases.
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We serve Wichita and most all of Kansas, including the Greater Wichita Area of Andover, Hutchinson, Park City, Augusta, Goddard, Newton, El Dorado, Haysville, Winfield, Wellington, Valley Center, Arkansas City, and the cities of Topeka, Kansas City, Lawrence, Emporia, Salina, Hayes, Chanute, Iola, Dodge City, Garden City, and the counties of Reno, Bulter, Harvey, Sedgwick, Sumner, Kingman, Rice, McPherson, Pratt, Lyon, Barton, Saline, and Southwest Kansas, and Western Kansas. The information on this attorney website is general information and should not be taken for legal advice on any individual case or situation. For every general rule of law there are often several exceptions. To obtain good legal advice you should consult with an attorney who practices in that area. We offer free legal consultations on most all medical malpractice, negligence, personal injury, car accident, truck accident, wrongful death, motorcycle accidents, workers compensation, and other accidental injury matters.
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Attorney Gerard Scott of handles valid but difficult to prove claims, prarticulary those involving medical and/or scientifice evidence, including medical malpractice cases involving hospital, clinic, physician, and nursing negligence, such as failure to diagnose meningitis,
failure to diagnose compartment syndrome, failure to diagnose spinal abscess, faiure to diagnose spinal cord compression, failure to diagnose infections, failure to diagnose pulmonary embolism, failure to diagnose subdural hematoma, failure to perform timely c-section,
failure to diagnose emergency medical conditions, failure to diagnose stroke and heart attack, medication errors, nursing failures to monitor, failure to diagnose diabetic ketoacidosis, birth injuries, failure to diagnose fractures, surgical mishaps, failure to diagnose fetal
distress, and misread x-rays. |
