Injured or Killed by Drunk Driver
Hold drunk drivers accountable. Contact a Kansas drunk driving accident attorney who is committed to helping clients get justice.
Drunk driving accidents in Kansas often result in serious injuries or even fatalities. Many are killed and hundreds more are seriously injured every single year in car accidents involving drivers under the influence of alcohol (DUI) in Hutchinson, Salina, Wichita, Garden City, Dodge City, Liberal, Hays, and other communities throughout Kansas.
If you were injured or a loved one was injured or died in a DUI collision, you might feel lost and powerless. But you can take control now. Contact Bretz Injury Law. Our experienced attorneys are committed to helping clients get justice and making our community a safer and better place to live. We want to keep drunk drivers off the road. Pursuing your case may stop someone from hurting another innocent person.
We know how to investigate drunk driving accidents. We know what information to look for, what questions to ask, and how to put all the evidence together into a strong legal argument. Our proven track record of success demonstrates our dedication to helping clients. We have recovered well over $300 million so far for injury victims, including a $50 million wrongful death case. Learn more by visiting our case results page.
What should I do I've been injured in a car wreck caused by a driver who is under the influence of alcohol or drugs?
If you are injured in an accident with a drunk driver, take the following steps to protect your rights (if you are physically able to do so):
- Call the police - The first thing you or someone else at the scene of the accident should do is call the police and inform them that you have been involved in an accident caused by someone who appears to be under influence of alcohol or drugs.
- Seek medical attention - In the moments after an accident, you likely will be agitated. The adrenaline may be rushing through you. This might mask the symptoms of a serious injury. We recommend you visit a doctor as soon as possible. Don't try to "tough it out." You could have a serious neck or head injury. By failing to seek medical treatment, you might not only be hurting your health but you may be harming your accident claim.
Take photographs - This is especially important at the scene of the accident. Insurance companies
place a lot of importance on evidence gathered at the scene of the accident,
especially photos of the immediate aftermath of the collision. That's
why it's important to take photographs of the crash before moving the
vehicles. Also take photos at the scene of:
- Skid marks (or lack of them)
- Traffic signals (especially if they're not working)
- Speed limit signs
- Talk to witnesses - Did anyone see your accident? Talk to that person. Witness testimony can be key evidence in a drunk driving accident claim. Get names, addresses and phone numbers.
- Contact a lawyer - We can help you get the financial compensation you deserve for your drunk driving accident. We can help you obtain medical treatment and get the money you need to pay your accident-related bills. If the accident affected your job, we can help you recover your lost wages. We can fight for other damages, including pain and suffering and emotional distress. In a drunk driving accident, the negligent driver may have to pay punitive damages, which is designed to punish the defendant and deter others from engaging in similar reckless behavior.
Can I file a lawsuit for my drunk driving accident injury in Kansas?
Yes. Filing a drunk driving accident lawsuit in Kansas might be the best way to get the money your family rightfully deserves. We often obtain desirable settlements on behalf of clients without the need for filing a lawsuit and going through the complicated legal process associated with such actions.
If a lawsuit is necessary, we take care of all the necessary paperwork and file a complaint on your behalf with the appropriate state civil court. Just remember that you have a limited amount of time. In many situations, the Kansas statute of limitations allows two years to file a lawsuit after the date of your injury. There are exceptions which may shorten your statute of limitations to one year.
It is never wise to wait until the last minute to file your lawsuit. Your attorney will want to begin as soon as possible so there is ample time to collect evidence and track down witnesses. As time passes, it often becomes more difficult to prove a claim.
Does Kansas Have a 'Dram Shop' or Social Host Liability Law?
Kansas is one of a few states that lacks a "dram shop law." In Kansas, the law does not allow victims to sue business that served the drunk driver. In most states, an alcohol vendor such as a bar may be held liable for providing alcohol to a patron who then causes an accident. Kansas also does not have a "social host" law that allows a victim injured by a drunk driver to hold the social host responsible.
Kansas law does include criminal penalties for establishments that serve alcohol and social hosts who serve alcohol to certain individuals, including someone who is intoxicated.
How can Bretz Injury Law help me with my fatal DUI accident?
Drunk driving accidents involving fatalities are devastating to families. If you lost a loved one in a car accident caused by a drunk driver, we can work with your family on a wrongful death claim. We know how to handle all the necessary paperwork and can deal directly with insurance companies. We have extensive experience handling fatal accident claims. Our case results include a $50 million settlement on a wrongful death claim.