Year: 2020

Passengers can do very little to avoid being involved in a crash. In many cases, they’re injured because of the actions of another driver, or perhaps because of the actions of the driver of the vehicle in which the passenger is riding.

Crashes causing passenger injuries aren’t always clear-cut. There is often a lot of confusion regarding who was at fault and who is responsible for paying for damages. If you’re a passenger who was injured in a crash, you may be wondering who will pay for your medical bills and other damages accrued in the crash. The short answer is the insurance companies, but it’s much more complex than you think. The best way to learn about your legal options is to speak to an experienced Kansas car accident lawyer.

How passengers are compensated after a crash

Kansas is a “no-fault” car insurance state, which means that all motor vehicle owners are required to purchase personal injury protection (PIP) coverage. The purpose of PIP is to prevent Kansas courtrooms from becoming flooded with car accident cases while allowing injured motorists to recover minor damages. If you own a car, your PIP coverage applies regardless of whether you’re driving your own car, driving someone else’s car, or a passenger. If you don’t own a vehicle and, therefore, don’t have PIP coverage, don’t worry. You can still recover damages from the PIP policy on the vehicle in which you were a passenger. PIP coverage pays for medical costs, wage loss, rehabilitation, in-home assistance, and funeral expenses.

In Kansas, the minimum PIP coverage requirements include:

• $4,500 per person for medical expenses
• $900 per month for one year for disability and/or loss of income
• $25 per day for in-home services
• $2,000 for funeral, burial or cremation expenses
• $4,500 for rehabilitation expenses

What if my damages exceed the PIP policy limit?

After seeing a doctor, you may find out that your injuries were more serious than you initially thought. You may learn that you need an operation and months of physical therapy before you can recover. In this case, you will need to pursue damages from the at-fault driver’s insurance company, whether it’s your driver or the driver of another car that caused your crash.

In order to pursue damages from the at-fault driver’s insurance company, you will need to prove that your injuries were the direct result of negligence. This is where an in-depth investigation needs to be conducted by an experienced Kansas car accident lawyer. Without an investigation, there is no way to determine who was at fault. Without evidence, it’s solely your word against the at-fault party’s word.

Personal injury lawyers serving all Kansans

Here is what a lawyer can do for you:

• Work with a crash reconstruction expert to examine physical evidence from the crash scene.
• Interview witnesses and cross-reference their statements with other pieces of evidence.
• Examine the official police report.
• Examine your medical records and official injury diagnosis.
• Check surveillance camera footage and cellphone records, if these pieces of evidence are available.

Whether your recovering damages from your own insurance company or the at-fault driver’s insurance company, you should get a strong legal advocate on your side who can help you recover every dollar you’re entitled to. Insurance companies often use a slew of dirty tricks to pay you as little as possible. The legal team at Bretz & Young Injury Lawyers can help you recover it all. We have a vast amount of legal knowledge and experience dealing directly with insurance companies. To find out how we can help you, contact us by phone, email or online and schedule your free, no-obligation legal consultation.

On a Thursday afternoon in Overland Park last month, the driver of a Dodge Charger sped down I-435 in the far left lane, then suddenly swerved across all lanes to get to the US-69 exit. The car hit a jersey barrier, then an SUV, which rolled over onto its side.

The driver of the car was thrown from the vehicle and killed and the driver of the SUV was injured.

Rollover accidents leave people injured and killed every year. According to the Kansas Department of Transportation, there were 3,301 vehicle overturn crashes in the state in 2018, resulting in 2,514 injuries and 147 deaths.

What causes rollover accidents?

These types of accidents often happen when a driver loses control of the car. The driver may have been:

• Distracted – texting, talking on the phone, eating and other behaviors take the driver’s attention away from the road
• Drunk – alcohol can impair judgment and reaction time
• Fatigued – a driver who has not had enough rest can fall asleep at the wheel
• Speeding – Driving at high speeds makes it much more difficult to control the car, especially when turning or changing lanes.
• A driver can also lose control after hitting an obstruction in the road, or as the result of a blown tire or mechanical defect.

What kind of injuries do rollover accidents cause?

A rollover accident can leave people seriously hurt. People can suffer fatal injuries. Those that survive may experience:

• Head injuries – These include fractures, head lacerations, concussion and traumatic brain injury.
• Neck injuries – A victim may suffer whiplash, slipped discs or herniated discs in the cervical spine.
• Back injuries – These include slipped discs, herniated discs, fractured vertebrae and spinal cord injuries, which could cause paralysis.
• Broken bones – A victim can be left with fractures of the arm, leg, hands, ankles and other areas of the body.
• Lacerations and soft tissue injuries – These include cuts, bruises, torn ligaments and pulled muscles and tendons.

In addition to physical effects, injuries from a rollover accident can also have a significant financial impact. Medical expenses can add up very quickly. If you need further treatment that stretches out for months or even years, those costs can become overwhelming.

We take your car accident case seriously

After you’ve been in a rollover accident, dealing with insurance companies can be confusing and frustrating. The fact is they are not on your side. They are looking for excuses to pay you as little as possible. And they have lawyers who are looking out for their best interests.

That’s why it’s important to talk to an experienced car accident lawyer if you’ve been hurt in a Kansas rollover accident. At Bretz & Young Injury Lawyers, we know how to build strong cases that hold negligent drivers accountable. Our attorneys fight the insurance companies to help you recover the financial compensation you deserve.

Rollover accidents can change your life in seconds. Take back control. Call the car accident lawyers with a record of results. Contact us to schedule a free consultation. We put your interests first and are ready to fight for justice.

When a crash occurs, there are many pieces of evidence left behind indicating how the crash occurred and who was at fault. When police respond to a crash, they often begin drafting an unbiased report of what happened.

Tire marks in the road (or lack thereof) are often documented in police reports. Moreover, they often serve as key pieces of evidence for crash reconstruction experts. Tire marks can often indict the speed and impact, as well as the direction, at which a crash occurred.

What do tire marks in the road indicate?

The length of tire marks, or the lack of them, can provide clues as to how a crash occurred. For example:

• Longer tire marks can indicate that a crash was caused by speeding. The at-fault driver may have made an attempt to stop, but ended up skidding with wheels locked.
• Shorter tire marks can indicate that the at-fault driver made an attempt to stop, but had little time and distance. This is common with distracted drivers or drivers attempting to blow through red lights.
• No tire marks can indicate that the at-fault driver made no attempt to stop. This is often seen in crashes caused by drowsy driving, impaired driving, and distracted driving, when there is significant damage.
• Tire marks that appear from a stopping point (a red light or stop sign) can indicate that a driver accelerated too quickly. This often leads to spin outs and fishtailing, especially on wet or slippery roads.
• Tire marks that appear in waves or curves can indicate that a driver lost control and began to spin out at the time of a crash. This can also indicate that a driver was broadsided at an intersection.

How can this evidence benefit my car accident claim?

If you were involved in a crash, you will need someone to investigate the crash scene in order to gather supporting evidence for your car accident claim. This evidence will likely already be documented in the police report, which you can obtain online at the Kansas Highway Patrol’s website. You can also obtain visual evidence at the crash scene by taking pictures and videos from various angles.

When you begin pursuing a claim, it’s best to speak to an experienced Kansas car accident attorney. That’s because it’s often your word against the at-fault driver’s. The insurance companies will also look for any leverage they can to avoid compensating you. Your attorney may hire a crash reconstruction expert to further examine the crash scene and provide strong evidence to support your claim.

To learn more about the legal options available to you, contact Bretz & Young Injury Lawyers. We serve clients across the state of Kansas and offer free and confidential legal consultations.

Speeding is one of the most common factors in serious and fatal crashes throughout Kansas. In fact, 94 out of 404 statewide traffic fatalities in 2018 were caused by speeding.

According to an article in KNSS, a new report regarding states with the most speeders was released by car marketplace website CoPilot.

How much of a problem is speeding in Kansas?

CoPilot used data from the U.S. Census Bureau, Insurance Institute for Highway Safety, and National Highway Traffic Safety Administration to rank states based on the number of road deaths linked to speeding.

The good news is that Kansas ranked No. 32 in the study with speeding crashes accounting for only 26.6 percent of all statewide traffic fatalities. This is below the national average. Over the course of five years, there have been 524 deaths caused by speeding out of 2,034 total traffic deaths.

The bad news is that the problem of speeding varies throughout different parts of Kansas. For example, Wyandotte County — which is in the northeast part of the state — was found to be the worst county for speed-related crashes. In fact, this one county alone ranked the fifth-worst in the nation.

When a crash occurs, speed is usually determined to be a factor when:

• The at-fault driver was cited for speeding.
• The amount of damage caused by the crash and the tire marks in the road indicate that speeding was a factor.

Why do drivers speed?

Drivers often speed when they are in a hurry to get somewhere, are stressed out or are under the influence of drugs and/or alcohol.

In recent months, speeding has become a major problem due to the COVID-19 pandemic. That’s because many drivers have taken advantage of the reduction in traffic congestion. Recent preliminary data analyzed by the National Safety Council has shown an increase in the rate of fatal crashes per 100 million vehicle miles traveled during the months of March and April.

For example:

• In March 2019, the fatal crash rate was 1.07. That increased to 1.22 in March 2020.
• In April 2019, the fatal crash rate was 1.08. That increased to 1.47 in April 2020.

Why should speeders be held accountable?

When drivers exceed the posted speed limit, they are more likely to be involved in a crash than those who obey the speed limit. What’s worse, the faster a driver travels at the time of a crash, the more devastating the impact will be.

That’s why police are often out in full force stopping and ticketing drivers who speed. The police can’t be everywhere all the time, however. Speeders who slip under the radar often endanger other road users. When they cause someone’s injury or death, they can and should be held accountable.

If you were injured in a crash with a speeder, contact an experienced Kansas car accident attorney at Bretz & Young Injury Lawyers to learn about the legal options available to you and how to maximize your compensation. We offer free legal consultations to clients across the state of Kansas.

COVID-19 restrictions are beginning to loosen across Kansas. As the state reopens, restaurants will reopen and churches will provide services under strict social distancing guidelines. In addition, theaters, community centers and summer camps will also open.

While this is good news, many people who haven’t driven much over the last few months may need time to adjust. To help prevent a spike in crashes, the Governors Highway Safety Association is urging drivers to use caution as businesses begin to reopen.

GHSA Executive Director Jonathan Adkins explains why:

“Many of us may be a little rusty behind the wheel, so it’s critical that drivers give the road and everyone on it their complete attention. Safety doesn’t take a holiday. Remember to buckle up, drive sober, stow your cell phone, and watch your speed. We have lost too many of our friends and neighbors, and we do not want to lose any more to traffic crashes.”

Drunk driving and traffic congestion likely to rise

The GHSA is also concerned about the potential increase in impaired drivers as restaurants and bars reopen. With the 4th of July coming up, we will likely see a large spike in drunk driving. In fact, Independence Day is one of the most dangerous holidays for driving.

In addition, we could see an increase in traffic congestion. That’s because more people will avoid public transit in order to continue practicing social distancing. Nearly a quarter of respondents said they would be using their own vehicles to get around. That’s according to a recent IBM Institute of Business Value analysis.

To help spread the message of caution, the State Highway Safety Offices will be launching social media and advertising campaigns across the United States. Police are also being urged to increase enforcement of traffic laws.

Car accident attorneys serving injured motorists across Kansas

The car accident attorneys at Bretz & Young Injury Lawyers are urging everyone to stay safe as we transition to our new normal. Should you or a loved one be injured in a crash because of someone else’s reckless or negligent behavior, our legal team can help.

Our attorneys can investigate your crash and gather all of the critical evidence needed to support your claim. We’ll also negotiate with insurance companies to help you get compensated to the fullest extent. That includes compensation for medical expenses, lost wages while you’re out of work and non-economic damages, such as pain and suffering.

To find out how we can help you, fill out our online contact form or call 1-866-881-0103. We offer free, confidential case consultations.