Kansas Car Accident Lawyers

Filing a Car Accident Claim in Hutchinson & Wichita

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A serious motor vehicle accident can destroy lives. In an instant, you or a loved one can sustain a severe injury that affects your ability to work and function normally for weeks, months, or even a lifetime.

To make matters worse, knowing what to do after a serious car crash can be confusing. There’s so much information out there about auto accidents and what injury victims should and should not do. That’s why you need an experienced attorney on your side who understands the law and knows how to get results.

At Bretz Injury Law, we know what you are going through. We have worked with countless accident victims throughout Kansas as well as across the country. We have a well-earned reputation for helping injury victims and their families recover millions of dollars in accident compensation. To date, we have obtained over $300 million in verdicts and settlements.

If you choose our team to help you with your car accident injury case, we will begin working on your behalf right away. In car crash cases, we typically start by helping clients get the proper medical treatment they need, followed by getting medical bills and lost wages paid. As a client, you will have our cell phone numbers and email addresses to reach us at just about any time of day or night.

If you try to handle your car accident claim on your own, you will likely face a difficult uphill battle. Insurance companies are often quick to offer lowball settlements that do not cover the true cost of a victim’s losses. The adjuster may argue that your injuries were not related to the car accident. You may even be blamed for causing an accident that was not your fault. At Bretz Injury Law, we know that you are not to blame.

Let our car accident lawyers protect your rights and fight for the full, fair compensation you are owed. Call 620-RESULTS or contact us online for a free consultation with an award-winning Kansas car accident attorney.

How Common Are Car Accidents in Kansas?

Annualy, hundreds of people are killed, and thousands are injured in car crashes across Kansas. Most of these accidents are preventable, especially those that occur due to another person’s negligence.

Data from the Kansas Department of Transportation indicated that there were 57,598 traffic crashes in 2021, with about 182 crashes per 100 million miles traveled. Below is more information about these car crashes in Kansas in 2021:

• 45,306 cars were involved in accidents
• 381 fatal crashes, with 12,874 bodily injuries recorded
• 424 fatalities and 17,479 injured persons
• Most fatalities were car occupants
• 1% of these crashes occurred due to driver inattention
• 9% of the crashes occurred during daylight hours

2021 saw a decrease in the number of cars involved in crashes. However, car accidents continue to have devastating effects on the lives of thousands of families every year.

What To Do After a Car Accident

If you have been involved in a car accident, there are important things you may need to do to adhere to the law, ensure everyone involved is safe, and start your claim process. Here is what you should do immediately after getting into a car accident:

• Call 911. Calling the local law enforcement agency will ensure that the police write a report as soon as possible. Notifying the emergency medical responders of the accident ensures those involved receive medical attention.
• Seek medical attention as needed. Talk to the emergency medical responders about any pain you may be feeling after the accident. Even if you think you are okay, allow them to run checks to rule out the possibility of concussions or internal bleeding.
• Record the information about the other vehicles involved. Note the license plate numbers of the other vehicles involved in the accident. It is also helpful to record the types, models, and colors of such vehicles.
• Exchange contact information with relevant parties. Provide the relevant information to the other parties involved, including your full name, contact information, driver’s license number, insurer, and policy number. Ensure you get the other parties’ details and the contact information of the eyewitnesses at the scene.
• Take photos of the accident scene. If you’re able, capture the scene in photos and videos, showing your vehicle and the damage sustained from various angles. Such photos can be used as evidence in your case, especially if the police don’t show up.
• Document your injuries. After documenting the scene, start gathering records related to your injuries. These could be doctor’s notes or medical bills, which may go a long way in your claim process.
• Contact our car accident lawyers. Discuss your situation with our experienced attorneys, who can help you assess your options and legal rights and advise you on the best strategy for your case.

Taking the right steps after a car accident helps protect your right to claim damages and makes it more likely for you to get fair compensation for your losses.

Common Causes of Car Accidents

While car accidents happen for various reasons, driver error or negligence is the most common. Some causes are more obvious than others, making it essential for drivers to understand all the possible factors that could put them and other motorists at risk of an accident. Here are some of the common causes of car accidents:

Distracted Driving

Distracted driving refers to any activity that draws your attention away from driving. Safe driving requires your full attention, and any non-driving activity you engage in increases the possibility of a crash. In 2021, the National Highway Traffic Safety Administration (NHTSA) attributed 3,522 fatalities to distracted driving, indicating how deadly distractions can be.

Some common activities that distract drivers include:

• Talking to other car occupants
• Changing the radio station
• Eating or drinking
• Accepting or making phone calls
• Interacting with children in the back seat
• Using the GPS or smartphone for directions
• Reading or writing emails or text messages
• Taking pictures with smartphones

In addition to physical activities, distractions could also result from things a driver sees or hears or even mental activities such as phone conversations, which may reduce their attention on the road.

Drunk Driving

Drunk driving crashes claim about 37 lives every day in the country, translating to one person every 39 minutes. Typically, alcohol reduces brain function, affects alertness, alters depth perception, and impairs thinking, reasoning, and motor coordination, all of which are crucial for the safe operation of a car. The effects of alcohol on driving include:

• A decline in visual functions
• Difficulty steering
• Reduced ability to track objects in motion
• Reduced response to emergency road situations
• Reduced concentration and coordination
• Reduced ability to control speed, brake appropriately, and maintain lane position

Due to these effects, federal and state laws make it illegal to get behind the wheel with a BAC of 0.08 g/dL or more. Any alcohol level above this threshold increases the risk of a crash exponentially. However, it is important to note that even the slightest amount of alcohol can affect the ability to drive safely.

Speeding

Speeding contributed to about 30% of all car crashes in 2021. Drivers may be tempted to speed for various reasons, including a disregard for the law and other motorists and running late. Besides driving above the allowable limits, a driver could be said to be speeding if they drive too fast for road conditions, such as bad weather, road works, and poor lighting.

Speeding increases the risk of a car crash by:

• Increasing the potential of loss of vehicle control
• Increasing the stopping distance when a driver perceives a hazard

Driving at a relatively safe speed allows a driver to always be in control of their vehicle and react in time when they perceive danger on the road.

Inclement Weather

Severe weather conditions such as heavy rains, snow, and fog often reduce visibility, make roads slicker, and make it harder to control your car. Such elements can contribute to a crash if a driver fails to adjust accordingly by driving slowly and turning headlights and wipers on.

Reckless Driving

Disregarding traffic rules and the safety of other road users is considered reckless driving. Drivers who drive aggressively, switch lanes carelessly or fail to signal when turning put themselves and others at risk of a crash.

What Are the Most Common Types of Car Accidents?

At Bretz Injury Law, we represent victims of all types of car accidents, including but not limited to:

Rear-End Collisions

Rear-end car accidents are among the most common collisions and happen for many reasons, including speeding drivers or distracted drivers who are texting or using their cell phones behind the wheel. In such crashes, the following driver is almost always responsible. But that doesn’t mean obtaining justice is going to be an easy process. Insurance companies may try to get you to give up your rights and accept an unreasonably low settlement. Contact our law firm and learn how our experienced team can help you.

Head-On Accidents

Head-on auto collisions are often among the most frightening of all motor vehicle wrecks. When another vehicle crashes head-on into your vehicle, the driver and passengers may face significant injuries. Such accidents often happen on rural roads but can also occur on highways and interstates, like I-70 and I-35, in Kansas. Drunk driving, falling asleep at the wheel, and speeding are among the common causes of head-on collisions.

Crashes at Intersections

Some drivers either ignore stop signs and traffic signals or may be too distracted to notice them. As a result, these reckless or careless drivers sometimes crash into other vehicles, causing serious intersection accidents. The National Highway Traffic Safety Administration estimates that nearly half of all motor vehicle crashes occur at intersections. Many of these events result in catastrophic or fatal injuries because the collisions often involve side-impact crashes. These “T-bone” types of accidents typically have higher rates of death or serious injury because the occupants have little to protect them from direct impact with the other vehicle. What’s more, accidents can become complicated because the drivers who cause them often deny any wrongdoing. They may say the other driver is to blame.

High-Speed Accidents

Speeding remains one of the leading causes of motor vehicle accidents in Kansas. When people drive excessively fast, they don’t have time to slow down and avoid a collision with another vehicle. The damage caused by a speeding driver often results in more serious injuries than in accidents involving vehicles whose drivers are observing the speed limit. Many drivers deny speeding after causing an accident. But there are some telltale signs they were going too fast, including a lack of skid marks or longer skid marks on the road. Most modern vehicles carry telemetry devices that contain useful information for reconstructing a crash. We know how to look for such evidence and often consult with accident reconstruction experts to build the strongest possible legal case.

Fatigued Driving Accidents

Falling asleep at the wheel while driving might seem like an innocent mistake. Most people can relate to someone who was too tired to drive. But drivers who fall asleep while driving choose to continue driving when they should have pulled over and taken a break. It is this sort of carelessness and poor decision-making that causes asleep-at-the-wheel collisions, some of the most common and deadly accidents on our roads. Anyone who is a victim of a fatigued driver accident should seek the advice of legal counsel immediately. We can work with you to make sure your case receives the attention it rightfully deserves.

Along with the common causes of car crashes, our car accident attorneys have extensive knowledge of many other issues related to auto accidents.

What Are the Most Common Car Accident Injuries in Kansas?

Auto accident attorneys in Kansas have seen countless accident victims suffer various injuries, from minor scrapes and bruises to life-altering disabilities. In some cases, these catastrophic auto accident injuries can even lead to wrongful death. Since these injuries vary in severity, medical treatment costs and results can also fluctuate. Some minor accident injuries may require only a few days of rest or treatment. Other accident injuries, such as broken bones or head trauma, can be more serious and may take months or years to heal. Not every injury heals, and most incur a steep financial cost. Common car accident injuries include, but are not limited to:

• Head trauma. Head trauma can occur from blunt force trauma in an accident, and it often results in a concussion or skull fracture. In severe cases, head trauma may be associated with internal bleeding, brain damage, facial fractures, hearing loss, or vision problems.
• Neck injury. Whiplash is the most common neck injury as a result of auto accidents. However, other injuries, such as ligament tears or disc herniation, may also occur due to the sudden forceful movement of the neck and back muscles during a crash.
• Back injury. A traumatic accident can cause severe back pain due to strained ligaments, torn muscles, herniated discs, or fractured vertebrae, which can lead to long-term nerve issues if not treated properly.
• Spinal cord damage. Back injuries are particularly dangerous because they can involve spinal cord damage. Such an injury often causes paralysis, depending on where the injury occurred along the spine and how much tissue was damaged in the accident.
• Intracranial hemorrhage. This type of brain bleed occurs when blood vessels within your brain rupture due to blunt-force trauma sustained during an accident. This injury can cause neurological impairment unless treated quickly at a hospital.
• Broken bones/fractures. Broken bones are extremely common in accident scenarios due to the forces applied during a crash. Broken bones can lead to long-term pain and discomfort if not treated properly.
• Internal bleeding. Car accident trauma can cause internal bleeding as a result of organs being damaged or lacerated. This type of injury is particularly dangerous because it may go unnoticed if external injuries distract from the internal issues caused by an accident.
• Burns. Car accident explosions, fires, and chemical spills can cause burns that require medical treatment. Some burns can leave permanent scars, depending on the severity of the burn and how it is treated.
• Cuts and scars. Broken glass, debris, or other objects can inflict cuts or lacerations during an accident. These wounds might require medical attention to stop any bleeding and prevent infection. However, these injuries can also leave scars that not only affect a person’s appearance but also impede their motor functions, depending on how and where the scar develops.
• Emotional trauma. Accident victims often experience emotional trauma as a result of their accidents. This type of trauma may require therapy or counseling to encourage the healing process in the aftermath of a car accident.

No matter what type of injury you or a loved one has suffered due to another person’s negligence on the road, an experienced car accident lawyer can help you pursue full compensation for your losses and damages. At Bretz Injury Law, we are committed to fighting for the rights of those who have suffered harm as a result of negligent drivers and assisting them in obtaining justice through the legal system.

Searching for a Kansas City accident attorney? Look no further than Bretz Injury Law. We offer free consultations, so call us at 620-RESULTS.

How Can a Kansas Auto Accident Attorney Help With Your Claim?

If you or a loved one has been injured in a car accident caused by another person’s negligence, it is important to seek help from an experienced Kansas accident attorney. A knowledgeable accident lawyer can provide invaluable assistance throughout the entire process of pursuing fair and full compensation. With expertise and resources, an accident attorney in Kansas can seek damages for your medical bills, lost wages, pain and suffering, and other losses related to your accident. They will also fight hard to protect your rights every step of the way so that you can focus on healing without worrying about legal matters.

Other tasks a car accident lawyer near you can help with include, but are not limited to:

• Investigating the accident and determining fault. An experienced Kansas car accident lawyer will investigate the cause of your crash and determine who was at fault for causing it. This can involve gathering evidence such as photos, medical records, police reports, witness statements, vehicle information, and more to build a strong legal case.
• Negotiating with insurance companies. Car accident attorneys understand how to negotiate with insurance companies in order to ensure their clients are properly compensated for their damages. The attorney will handle all communications with the insurer on your behalf so that you don’t have to feel pressured into accepting an unfair settlement offer or dealing directly with aggressive adjusters.
• Representation in court. If necessary, an auto accident lawyer in Kansas may represent their client in court if negotiations fail and a lawsuit must be filed against another party involved in the crash. The attorney can provide legal counsel throughout this process, including helping prepare documents such as pleadings, motions, and other filings needed for the case.
• Obtaining compensation from other sources. Experienced lawyers know how to pursue additional compensation from third parties who were not part of the original car accident but may still be held liable under certain circumstances (e.g., a manufacturer whose faulty part caused an injury).

Don’t rely on just any Kansas City auto accident attorney. Call for a trusted lawyer who will go the distance to protect your right to compensation.

Contact us if your motor vehicle accident claim involves:

• A pedestrian or bicyclist hit by a car
• Distracted driving
• A person injured or killed by a drunk driver
• A rideshare vehicle, such as an Uber or Lyft
• An uninsured or underinsured motorist

Our team is dedicated to helping you seek the maximum compensation you are owed. We are experienced in going up against insurance companies and advocating for the rights of victims, and we have the resources and skills to effectively fight for you.

Call or contact us online for a free consultation!

Calculating the Worth of a Car Wreck

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One of the first questions we often receive from potential clients is how much their claim is worth. While we — nor any other reputable personal injury lawyer — can’t provide an exact dollar amount you can expect to receive, we can help you understand how car accident claims are valued and what the potential worth of your case may be.

First and foremost, there are two types of “damages” you can recover after an accident. In legal terms, “damages” are losses caused by an accident or event resulting from the negligent or wrongful conduct of another.

The two different types of damages in car accident claims include:

• Compensatory damages. Compensatory damages are meant to compensate the victim for his or her losses. These can be out-of-pocket expenses as well as intangible losses that are harder to quantify.
• Punitive/exemplary damages. Punitive or exemplary damages are intended to punish the victim for egregious negligence, intentional misconduct, and/or willful or wanton recklessness. Though they still provide monetary recovery to the victim, punitive damages do not necessarily compensate for any specific loss.

Compensatory damages are more commonly recovered in car accident claims, whereas punitive or exemplary damages are more difficult to prove.

Additionally, there are two types of compensatory damages:

• Economic damages. These are losses that have a set dollar amount attached to them, such as medical bills, lost wages, and future lost income.
• Non-economic damages. These are losses that do not have a set dollar amount and are, therefore, more difficult to quantify. Examples include pain and suffering, as well as lost quality of life.

Because Kansas follows a no-fault system when it comes to car insurance and accident claims, your first step in resolving your case and recovering compensation for your losses is filing a claim with your own auto insurance provider. However, your personal injury protection (PIP) insurance only covers economic damages; it does not cover any non-economic losses. Additionally, PIP only provides limited coverage for economic damages, meaning your insurance may not be enough to compensate you for the full cost of your damages after an accident. That’s where a qualified Kansas car accident attorney comes in and demands compensation from the at-fault party’s insurer.

Can You Recover Non-Economic Damages in Kansas?

Although non-economic damages are not covered by PIP, it is possible to step outside the state’s no-fault system and seek compensation for your non-economic damages, like pain and suffering. To do this, you will need to prove that you exceeded your PIP coverage for medical expenses and that your injuries meet the state’s “serious injury threshold.”

To be considered “serious,” an injury must be at least one of the following:

• A fracture of a “weight-bearing” bone (e.g., the femur, a hip, etc.)
• A displaced, compound, or compressed fracture
• Permanent
• Permanently disfiguring
• An injury requiring medical treatment of $2,000 or more

Injuries are also considered “serious” by the state of Kansas if they result in a permanent loss of bodily function, such as walking.

How Are Non-Economic Damages Calculated?

Unlike economic damages, which can be calculated based on their actual dollar value, determining the worth of non-economic damages is highly complicated. Typically, non-economic damages are calculated based on various factors, including the severity of the injury, the cost of the victim’s medical bills, whether or not the victim is disabled due to their injuries, and more.

A multiplier, generally a number between one and five, is sometimes used to value the victim’s non-economic damages according to their out-of-pocket expenses and other monetary losses. In other cases, non-economic damages are valued based on a daily rate.

At Bretz Injury Law, we can help you understand how both economic and non-economic damages are calculated. Our team works directly with clients to help them prepare for the legal process and learn what to expect. In every instance, we fight for maximum compensation, seeking full, fair recovery for our clients’ economic and non-economic losses.

To learn more, including how our firm can help you get back on your feet after a serious car crash, contact us at 620-RESULTS and request a free consultation. Hablamos español.

If you’ve been in a car accident, you likely have a lot of questions. You may be injured, overwhelmed, and unsure of what to do or even where to begin seeking compensation for your losses. At Bretz Injury Law, our Kansas car accident attorney can answer your questions and explain what rights you’re entitled to under the law.

Should You Talk to Insurance Adjusters After an Accident Without An Attorney?

No. An insurance adjuster may seem helpful and sympathetic on the phone, but you should know they only intend to reduce their company’s liability and protect their interests. If you’re making a claim directly with the other party’s insurance company, your car accident lawyer will advise you on how to communicate with the insurance adjuster. Remember that anything you say can be used to reduce or deny your claim.

Better still, you could let your lawyer handle any discussions with the adjuster. By doing so, you avoid common mistakes in car accident cases, including:

• Accepting a settlement offer to drop your accident claim.
• Giving a statement that makes it easier for the insurance adjuster to pin the blame on you.
• Discussing the details of the accident or your injuries.
• Admitting partial fault in the accident.
• Discussing treatment for your injuries and prognosis.

It can be difficult to know how to proceed if you get endless phone calls or emails from an insurance adjuster, making you susceptible to making mistakes. The experienced car accident lawyers at Bretz Injury Law can handle your claim by speaking to claims adjusters on your behalf and helping you make the right decision for the best outcome.

Why Hire Bretz Injury Law?

At Bretz Injury Law, we want to help you get back on your feet and receive the justice and compensation you deserve after your car accident. Our dedicated car accident lawyers can help you get a fair settlement from the involved insurance companies or take your case to trial if necessary.

Some of the reasons that victims and families affected by car accidents have trusted us since 1991 include:

• Deliberately assigning a small, dedicated team that provides you and your family with personalized attention for the best possible outcome.
• Experience in personal injury cases and the Kansas justice system.
• Proven track record of obtaining favorable results, obtaining over $300 million in settlements and verdicts.
• Client distinction award for communication, quality of service, responsiveness, and value.
• Our “no win, no fee” policy. We don’t bill you a dime unless we win your case. We give every client a written no-fee guarantee.

Our personal injury law practice is based in Kansas. We serve all of Kansas, including

Contact us today to schedule a free, confidential case evaluation, or simply call our law office at 620-RESULTS

Related Reading:

• 10 things you should do after a car accident in Kansas
• How to obtain and read a copy of your Kansas car accident report
• Tips to Help Teens Avoid Kansas Car Accidents
• Speed Often Cause of Kansas Car Accidents