Car accidents are relatively common in Kansas. According to the Kansas Department of Transportation, there were more than 90,000 car accidents in Kansas in 2021, with over 12,000 injuries and 424 fatalities.
The most common types of car accidents in Kansas are rear-ended collisions, followed by single-vehicle accidents, sideswipes, and head-on collisions. These types of accidents account for over 80% of all car crashes in Kansas.
Despite the fact that the number of fatal crashes has decreased slightly over the past few years, the rate of car accidents in the state is still higher than the national average. Therefore, it is important for drivers in Kansas to practice safe driving habits in order to prevent car accidents.
If you have been injured, you should contact a personal injury attorney who understands Kansas car accident laws. An experienced auto accident attorney can help you protect your legal rights and options and navigate the process of filing a claim for compensation.
If you are filing a claim, you will need to provide details about the accident, including the date, time, and location, as well as any witnesses. Your insurer may require you to provide a police report or other documentation of the accident.
Understanding fault and liability in Kansas car accident cases is important in determining who is responsible for the damages caused by the accident. In Kansas, negligence is the basis for fault and liability. Negligence is defined as the failure to use reasonable care in an action or inaction, resulting in damage or injury to another. Negligence can come in many forms, such as failing to obey traffic laws, driving while distracted or impaired, or demonstrating reckless behavior such as speeding.
In Kansas, a car accident is considered to be the fault of the driver who is determined to be negligent. This means that if the negligent driver is found to be at fault, they are responsible for the damages caused by the accident. Under modified comparative fault laws in Kansas, if the accident victim is responsible for 50 percent or less of the fault, they retain their rights to file a claim for damages.
There are a variety of damages that are available to Kansas car accident victims that can help them recover from the losses they’ve suffered. These damages may include economic damages, such as medical bills, lost wages, and property damage, as well as non-economic damages, like pain and suffering, emotional distress, and loss of enjoyment of life. In some cases, punitive damages may also be available.
Economic damages are the most common type of damages awarded in car accident cases. They are meant to compensate the victim for any financial losses that have been incurred from the accident. This can include medical bills, lost wages, property damage, and any other costs associated with the accident. Compensation for car accident victims can be achieved either through an insurance claim settlement or through litigation.
Non-economic damages are intended to compensate the victim for losses that are not financial in nature. These damages are generally more difficult to calculate and are based on the subjective pain and suffering of the victim. Pain and suffering, emotional distress, and loss of enjoyment of life are all types of non-economic damages that can be awarded in a car accident case.
In rare cases, punitive damages may also be available. Punitive damages are intended to punish the negligent party and are usually only awarded if the actions of the other driver were intentionally egregious or reckless.
In Kansas, you have to file a lawsuit two years from the date of your accident. This is referred to as the statute of limitations. After two years, you can lose your right to file a lawsuit and lose the opportunity to claim compensation.
There are some exceptions to the time limit. For example, the two-year limitation period can be extended if the injured party was a minor at the time of the accident or if the injured party was unable to file a lawsuit due to mental or physical disability. Only an experienced personal injury attorney can accurately determine the time limit for your unique case.
Hiring a lawyer for your car accident case is a smart decision. Experienced personal injury attorneys can provide you with valuable guidance and expertise in navigating through the legal process.
They also can help you secure more compensation. According to a study by the Insurance Institute, people who hire an attorney to represent them receive two-and-a-half to three times higher settlements than those who do not seek legal assistance.
If you try to handle your car accident claim on your own, you will likely face a difficult uphill battle. Insurance companies are notorious for offering low settlements that do not cover the true cost of victims’ losses. The insurance company may even argue that the accident was wholly or partially your fault.
At Bretz Injury Law, we understand you are not to blame, and our team works tirelessly to get you compensation for pain and suffering, loss of income, and the expense that comes with long-term care. Contact us today.