Year: 2015

The number of car crash deaths has been on a downward trend over the last several years, with 2014 considered one of the safest years on record. Unfortunately, a reverse to this trend in 2015 suggests a big part of that downward trend may have been driven by the fact there were simply fewer people behind the wheel. As our nation’s economy has recovered from the 2008 crash, more people have jobs, gas prices are lower, and more motorists are behind the wheel. And sadly, more crashes are happening.

Drivers don’t have to simply accept the higher rate of car accidents in Kansas just because more people happen to be out on the roads. Motorists play a fundamentally important role in traffic safety and should make a commitment to avoid high risk behaviors and engage in safety practices which help to reduce collisions on the road. While 2015 was a bad year, motorists may be able to make 2016 a better year by exercising extra caution and making better driving choices.

Drivers Face Upswing In Car Accident Fatalities in 2015

National Highway Traffic Safety Administration released a report about preliminary car crash fatality estimates in 2015, with a statement that urged motorists to view the crash data as a call to action.

In 2014, the fatality rate had dropped to 1.07 motor vehicle deaths per 100 million vehicle miles traveled on U.S. roads. The total number of deaths had also declined in 2014 from 2013, with 32,675 people losing their lives in traffic crashes nationwide over the course of the year. Of these deaths, 21,022 happened inside of vehicles, while the remaining fatalities in car crashes happened while individuals were walking, bicycling, or operating a motorcycle. The number of people killed in 2014 was actually the lowest since the 1970s when collection on crash data first was assembled.

In 2015, the fatality rate increased by 4.4 percent. The fatality rate looks at how many people are dying based on total miles driven, which means that the increased rates cannot be dismissed as a simple consequence of an increased in the number of people out driving. Instead, this metric suggests that there are other factors (like driver errors) which are causing a higher rate of deaths.

The total number of deaths also increased significantly from 2014 to 2105. There was an 8.8 percent increase in the number of people killed in car crashes nationwide in 2105 as compared with the year before.

In response to these troubling statistics, NHTSA stated that “the estimated increase represents a troubling departure from a general downward trend.”

Motorists need to do their part to make sure the downward trend gets back on track next year. To help make death rates go down again, drivers should stay within the speed limit, stay sober, avoid driving while fatigued, drive defensively instead of counting on other motorists, and otherwise make sure they are following all safety laws and best practices for crash avoidance. If motorists make a commitment to safe driving in the New Year, hopefully fewer lives will be lost in preventable accidents in 2016.

The Kansas Department of Transportation reports a total of 900 head-on collisions in the state over the course of 2013. Drivers who are involved in head-on collisions face the serious threat of injury or death because these accidents involve so much force. When two cars hit head-on, the momentum of the accident is amplified and the body is forced to absorb much more impact. This means head-on crashes are disproportionately fatal when compared to other types of crashes.

Due to the high risks of head-on car accidents, it is important to understand where head-on crashes are most likely to occur. When drivers are more aware of zones which present an increased risk to safety they can make informed choices about how to drive carefully in these locations.

Where are Head-On Crashes Most Likely to Occur in Kansas

Kansas DOT reports 68 percent of accidents in the state occur in urban areas. However, urban areas are less likely to be the site of head-on crashes than rural areas. Safety Transportation indicates 75 percent of head-on accidents nationwide occur on rural roads. National Highway Traffic Safety Administration also indicates head-on crashes account for 13 percent of fatalities in rural areas and 7 percent of deaths in urban areas.

While urban areas may not be as much of a danger zone for head-on crashes as rural areas, these types of accidents still happen in urban settings.  All drivers need to be aware of the dangers on any roads they travel. Accidents occurring in Kansas include:

• Interstate highways, which were the location of 6,672 collisions in 2013 including 42 fatal crashes and 1,542 injury crashes.
• S. Highways, which were the site of 8,963 total accidents in 2013, including 86 accidents causing fatalities and 1,773 accidents causing injuries.
• Kansas highways, where 5,230 total accidents occurred including 35 fatal crashes and 1,005 injury crashes in 2013.
• City streets, where 30,532 accidents occurred and where 81 fatalities and 7,183 fatalities occurred in 2013.
• Country roads, which were the location of 7,075 total crashes in 2013, including 83 fatal collisions and 1,603 injury accidents.

Most head-on crashes are caused by drivers who veer into the opposing lane of traffic because they are intoxicated, because they are distracted by something and not paying attention to the road, or because they fall asleep and lose control of their cars.

There are other scenarios which lead to head-one collisions as well.  In rural areas, unsafe passing is the cause of almost 5 percent of head-on crashes. In urban areas, many head-on crashes are wrong-way collisions, which occur when drivers get onto highways going opposite the direction of traffic. Federal Highway Administration indicates some roadways present a higher risk of wrong-way crashes as compared with others. A cloverleaf design, which involves an entrance and exit lane adjacent and parallel to each other, is a particularly dangerous kind of roadway.

If drivers are more careful on rural roads and near highways, hopefully motorists can be safer and avoid head-on accidents.

Drivers purchase car insurance to protect them if an accident happens. Collision and personal injury insurance provides coverage for your own injuries and property damage when you are at fault for a wreck. A liability policy-which is required by Kansas law-provides coverage for victims if you cause them harm or property damage in an accident. If you are involved in a wreck your accident-related expenses may be covered either by your own insurance or by the liability insurance of the at-fault driver.  At least, that is how it is supposed to work.

In reality, car accident insurance issues routinely arise after a Kansas car crash. These issues make it hard for those who have been involved in accidents to successfully make their claims. Laws have been passed in every state in the U.S. to try to protect consumers from some of the most egregious violations of insurance companies, but insurers still manage to deny claims, delay claims and pay injury victims less than their claims are worth after accidents happen.

What Kansas Laws Protect Consumers from Car Accident Insurance Issues?

Unethical behavior on the part of insurance companies happens nationwide. This is why every state has some variation of a model act known as the Unfair Claims Settlement Practices Act. Insure.com reports the National Association of Insurance Commissions created the model laws, which have been adopted in whole or in part nationwide. In Kansas, the state’s version of the Unfair Claims Settlement Practices Act is found in Article 24: Regulation of Certain Trade Practices.

Insurers are prohibited by this law from engaging in certain behaviors when car crash victims make claims after collisions.  For example, one of the most important requirements is that insurers not impose needless and lengthy delays in processing and paying claims. Unethical insurers use a number of delay tactics. They may not respond to claims in a timely manner, may not move investigations forward quickly, and may ask crash victims to provide lots of repetitive or unnecessary paperwork. These practices are prohibited when insurers are found to be using them as a method of delaying a claim rather than moving forward to pay out claims in a reasonable manner.

Some insurers delay and drag out the process because they know people have bills to pay (especially when they have sustained serious injuries), can’t work, have mounting medical expenses and are left with an un-drivable car. Insurers hope that these accident victims will become desperate for money by the time they process the claim, and thus will accept less than they should receive.

Kansas Law not only prohibits unreasonable delays in claims processing, but also prohibits insurers from misleading consumers about the terms of their policies or from suddenly changing policy terms without notification or authorization. If an insurance company changes policy terms after the insurance is purchased and the consumer does not consent to the change, the insurer may not be able to enforce new policy provisions.

Car accident victims can make claims to the Kansas Insurance Commissioner when insurers do not follow the rules in reasonably processing claims. A bad faith lawsuit may also be filed under certain circumstances when insurance issues arise.

Whenever vehicles are stopped on the roadside, passing cars need to move over to reduce the risk of serious injuries. Law enforcement officers, other first responders, tow truck operators, and even Good Samaritans providing assistance to broken-down motorists have all been killed as a result of cars that come too close and fail to follow move over laws. A car accident involving a driver who has failed to follow rules can result in legal liability for the driver who violated the law.

Move Over Laws Can Save Lives

Pew Charitable Trusts reports 10 to 12 police officers, 50 tow truck operators, and between 8 and 10 fire rescue and EMS workers are killed working in or near moving traffic annually. The problem exists nationwide.

Every state in the U.S. has a move over law, and 44 states have strengthened their laws since 2010 as a result of ongoing deaths among first responders and tow truck operators.  Unfortunately, too many drivers are not always aware of move over laws and thus do not follow them. A survey conducted in 2007 revealed 71 percent of Americans had never heard of move over laws. There must be additional public education and greater efforts to enforce these laws. Move over laws will not have an effect on improving safety unless drivers know about their obligations.

When passing obstacles on the roadside, move over laws typically require drivers to get into another lane when possible, or to slow down if it is not possible to safely change lanes. Drivers who fail to move over or slow down create unsafe conditions for those who are stopped. At the same time, drivers who do not understand move over laws can also create a hazard when they try to force their way into a lane with too much traffic. This can cause vehicles to go out of control and result in injuries to other motorists.

All move over laws cover police, fire, and ambulance and require motorists to either move over or slow to a safe speed when lights are flashing. A safe speed is below the posted speed limit. Tow truck drivers are covered by move over laws in every state but Louisiana and New Mexico.

Move over laws do not specifically require drivers to move over or slow down if motorists are on the side of the road with a broken down vehicle or if a Good Samaritan has stopped to try to help the broken down motorists. Even though it is not required in these situations, drivers should still consider slowing down or changing lanes any time a vehicle is stopped on the side of the road in order to avoid the risk of a collision. If a driver fails to slow down or move over and strikes someone on the roadside, the driver could be held responsible for his or her negligence.