Wichita Car Accident Lawyer

Car accidents happen every day in Wichita, but no two accidents are alike. The circumstances of your car accident injuries and losses are unique to you and deserve the full attention and service of an experienced car accident attorney near you.

At Bretz Injury Law, we understand the challenges and obstacles car accident victims face on the road to recovery. As a full-service law firm, we have a team of in-house trial lawyers, skilled investigators, and the financial resources to handle your case from start to finish.

Our goal is to obtain the full legal compensation you are entitled to for your injuries, not what the insurance companies want to pay. Hire a car accident lawyer who has your interests in mind. Hire the personal injury attorneys at Bretz Injury Law today.

Injured in a Wichita Car Accident? Call Bretz Injury Law Now

A serious car accident can turn your life upside down in seconds. Medical bills pile up, you may not be able to work, and the insurance company is already looking for ways to pay you less than you deserve. Attorney Matthew Bretz has spent more than 30 years helping injured people in Kansas fight back against these tactics. He prepares every case as if it will go to trial, and that approach gives his clients real leverage at the negotiation table.

Bretz Injury Law serves car accident victims throughout Kansas, including Wichita, Hutchinson, Salina, Garden City, Dodge City, Liberal, Hays, Topeka, and Kansas City. If you or a loved one was hurt in a crash, call today for a free consultation.

What You Need to Know About Car Accidents and Auto Accident Attorneys in Kansas

Kansas uses a no-fault car insurance system. This means your own auto insurance pays for your initial medical bills and lost wages through Personal Injury Protection, commonly called PIP. Every auto insurance policy sold in Kansas must include PIP benefits. The minimum PIP coverage provides $4,500 for medical expenses per person, per accident.

However, PIP benefits are limited. When your injuries are serious, your medical costs will quickly exceed what PIP covers. At that point, you may be able to step outside the no-fault system and file a claim directly against the at-fault driver. Understanding when and how to make that transition is one of the most important reasons to have an experienced car accident attorney on your side.

Do You Need to Hire a Lawyer After a Car Accident?

If you have been in a car accident, you may wonder if you even need to hire an auto accident attorney. Many accidents are minor and can be resolved directly between those involved or through their insurance providers. In very simple cases that involve no injuries or minor property damage, it may be faster to resolve the matter without a lawyer. However, even accidents that first appear minor can later prove to be extremely complicated, for example if injuries take time to show symptoms or the other party fails to pay what was agreed upon.

Certain situations absolutely call for hiring a car accident lawyer. If the crash caused serious or permanent injuries that affect your ability to work or live your daily life, you should contact a car accident attorney right away. The same is true if there is a problem with either party’s insurance.

Issues that require legal help include:

• Disputes about who was at fault for the accident
• The other party or their insurance carrier is refusing to pay for damages related to the accident
• The other party to the accident is a government entity, which changes how and when you can file a personal injury lawsuit
• The at-fault driver is uninsured or underinsured
• Multiple vehicles or parties were involved in the crash

Questions You Should Ask a Car Accident Lawyer Before Hiring Them

• Have you handled cases like mine?
• If I lose, will I be responsible for costs?
• What are your fees?
• What staffing and financial resources do you have to fight my case?
• How long have you been handling car accident cases?
• About how long will it take to resolve my lawsuit?
• Do you prepare cases for trial, or do you only negotiate settlements?

What to Do After an Accident

The steps you take right after a crash matter. Your health comes first, but what you do in the minutes and hours after a collision also affects your legal rights.

• Get to an area of safety and call 911 to report the accident to the proper authorities
• Cooperate with the attending officer and provide your version of the facts as best you can
• Gather witness information and take pictures of the involved vehicles and the scene if you are able to
• Seek immediate medical attention for evaluation, diagnosis, and treatment, even if you feel fine
• Contact an experienced car accident law firm to handle all aspects of your auto accident case

What Should I Not Do?

What you avoid doing after a car accident is just as important as what you do. The insurance company will use any mistake against you to reduce or deny your claim.

• Do not admit fault or any wrongdoing at the scene. Note that apologizing can be seen as an admission of fault.
• Do not guess or assume facts when providing information to an attending officer.
• Do not wait to seek medical treatment. Delays give the insurance company a reason to question whether the accident caused your injuries.
• Do not give any statements to any insurance representative, including your own, without first speaking to a lawyer.
• Do not accept any settlement offers or sign any settlement agreements without consulting with a car accident attorney.

What Are Some Common Car Accident Injuries?

Many people think the bigger the crash, the bigger the injury. The truth is that even small or seemingly minor accidents can result in serious harm. It does not take much force to damage the spine, the brain, the joints, or the internal organs. Some injuries take days or weeks to show symptoms, which is why immediate medical care is so important.

Some of the most common car accident injuries include:

• Traumatic brain injury, including concussions
• Wrongful death
• Spinal cord injuries, including partial or full paralysis, whether temporary or permanent
• Whiplash and nerve injuries, including radiculopathy
• Internal injuries, including bruised, damaged, or lacerated organs
• Crush injuries
• Facial injuries, eye injuries, dental injuries, and scarring
• Broken bones and fractures
• Torn ligaments and dislocated joints
• Cuts and lacerations
• Muscle strain or sprain

The Legal Process and Time Frames

There is often confusion about the difference between a car accident insurance claim and a car accident lawsuit. These are two separate processes, and confusion likely arises because both can involve a settlement. In this section, we will discuss the process of filing a personal injury lawsuit in Kansas.

Lawsuits related to car accident injuries are treated as personal injury cases and filed in civil court. The plaintiff, the person filing the lawsuit, seeks to recover money from the defendant, the person being sued. This process happens separately from the insurance claims process, although the plaintiff may choose to sue the insurance company if they are not satisfied with the compensation offered.

File a Complaint.
The first step in pursuing a car accident lawsuit is to file a complaint, also called a petition, with the court. This document includes a detailed account of what happened, what damages you are claiming, and the legal basis for bringing the lawsuit. You must file your complaint within the Kansas statute of limitations. Under Kansas Statutes section 60-513, you generally have two years from the date of the car accident to file. This time frame can vary based on the specific circumstances of your case.

Serve the Complaint on the Defendant.
After your car accident attorney files your complaint with the court, the defendant must be formally notified that a lawsuit has been filed against them. This process is known as serving the complaint, and there are strict legal guidelines involved.

The Defendant Files a Response to Your Complaint.
The defendant’s answer will likely include admission or denial of the facts you laid out in your complaint, along with any legal defenses they intend to raise.

Discovery.
Once the complaint and answer have been filed, both parties will begin requesting and exchanging evidence. This phase is known as discovery. During this stage, you may be asked to produce documents, answer written questions, or give a deposition. You also have the right to request the same from the defendant.

Trial.
If both sides cannot reach a settlement agreement, the case goes to court. The plaintiff and defendant will each have the opportunity to present evidence, call witnesses, cross-examine the other side’s witnesses, and present expert testimony. Once the trial concludes, the judge or jury will issue a verdict in favor of either the plaintiff or defendant, including an amount of compensation. Note that most cases do not go to trial.

Filing a personal injury lawsuit in Kansas may seem straightforward, but it requires a great deal of skill and experience. Do not expect to handle a successful lawsuit on your own. Consult with a qualified car accident lawyer who will guide you through each step of the process.

What Types of Compensation Am I Entitled To?

Medical expenses. You are entitled to compensation for medical expenses related to your injury, either through your own insurance company or the insurance of the at-fault party. Medical expenses can include:

• Hospital bills
• Ambulance bills
• Physical therapy and rehabilitation
• Surgeries
• Consultations with specialists
• In-home care services
• Mental health counseling
• Prescription medications

Property damage. If the other party is at fault, you are entitled to compensation for damage to your property. In most cases, this means the cost of repairing or replacing your vehicle.

Pain and suffering. Also known as non-economic damages, pain and suffering covers the emotional and physical impact of the accident on your life. Under the guidance of an experienced car accident lawyer, these damages can account for a significant portion of your total compensation. Kansas caps non-economic damages at $350,000 for causes of action arising on or after July 1, 2022.

Lost wages. If your injuries have affected your ability to work, you are entitled to compensation for lost wages. This includes both the income you have already missed and any future reduction in your earning capacity.

Wrongful death. If a car accident resulted in the death of a loved one, surviving family members may be able to file a wrongful death claim. This can cover funeral and burial expenses, loss of the deceased’s income, and loss of companionship. The statute of limitations for wrongful death in Kansas is two years from the date of death.

Other Important Questions to Consider

What are the different types of car accidents and their causes?

Car accidents in Wichita come in all shapes and sizes. Some of the more common types include:

• Rear-end collisions
• Head-on collisions
• Left-turn collisions
• Side-swipe collisions
• T-bone collisions
• Merging collisions
• Failure to yield right-of-way collisions

These accidents can involve any of the following types of vehicles:

• Passenger vehicles including sedans, coupes, and hatchbacks
• Minivans
• Sport utility vehicles
• Pickup trucks
• Motorcycles
• Box trucks and delivery vehicles
• Large commercial trucks, also known as big rigs, 18-wheelers, or tractor-trailers

Common causes of car accidents include:

• Speeding
• Distracted driving, including texting, eating, and talking on the phone
• Drowsy or fatigued driving
• Impaired driving due to alcohol or drugs
• Reckless driving and tailgating
• Ignoring traffic signals, road signs, and stop signs
• Vehicle defects or recalls
• Roadway design, repair, or maintenance issues
• Inexperienced or teenage drivers
• Hazardous weather conditions
• Construction zones

Car accident statistics for Wichita and Sedgwick County

Wichita roads are among the most dangerous in Kansas. In 2023, the city saw more than 10,000 crashes. Even though Johnson County has roughly 80,000 more residents, Sedgwick County traffic accidents killed and injured more people and caused more costly property damage.

The Wichita intersections with the most crashes in 2023 were Kellogg Drive and Rock Road with 99 crashes, Kellogg Drive and Seneca Street with 81 crashes, and Kellogg Drive and Broadway Avenue with 45 crashes. According to the Wichita Area Metropolitan Planning Organization, right-of-way violations and distracted driving were the top contributing factors.

Across Kansas, preliminary data for 2024 showed 344 traffic fatalities statewide. That is the lowest number recorded since Kansas began tracking the data in 1947, representing an 11 percent decrease from 2023. While that marks real progress, thousands of people across the state were still injured in crashes that year.

Can I Take Legal Action if I Am Partially to Blame for My Wichita Car Accident?

Yes, because Kansas is a modified comparative fault state. This means your total recovery will be reduced by the percentage you are found to have contributed to the accident. However, under Kansas law, you may recover damages only if you are found to be less than 50 percent at fault.

For example, if your total recovery is $500,000 and your actions were deemed to have contributed 25 percent to the accident, then your recovery is $375,000. If you are found to be 50 percent or more at fault, you cannot recover any compensation. An experienced car accident attorney can thoroughly investigate your claim and build a case to help determine and minimize your percentage of liability.

What if I Was Working at the Time of My Car Accident?

Depending on the specific facts of your case, you may be able to make a workers’ compensation claim and also file a lawsuit in civil court against at-fault third parties who are not your employer. These overlapping claims require careful coordination to protect your rights under both systems.

At Bretz Injury Law, we handle both personal injury and workers’ compensation matters. Having both areas under one roof means you do not need to hire separate attorneys or worry about one claim affecting the other.

Let the Wichita Car Accident Attorneys at Bretz Injury Law Help You

Matthew Bretz founded his firm on the principles of compassion, service, and results. His aim has always been to provide outstanding legal representation and personal attention to every client. The longevity of the firm across more than three decades is a direct reflection of that commitment.

Before dedicating his career to representing injured people, Matthew Bretz worked on the defense side at a prominent firm in Los Angeles, handling aviation and catastrophic injury cases. That experience gave him an inside understanding of how insurance companies and defense lawyers operate, and he now uses that knowledge to the advantage of his clients. His commitment to this work is also deeply personal. In 1992, his 16-year-old sister Marlee and two of her friends were killed in a train collision on Valentine’s Day. That loss shaped his resolve to hold negligent parties accountable.

As a full-service personal injury law firm, Bretz Injury Law has the resources to take on the largest corporations and insurance companies. We are not a referral service, nor will we settle your case for less just to close it out. Every case is prepared with the expectation that it may go to trial.

Call Bretz Injury Law today for a free consultation at 316-531-9657. We are local, available 24/7 and can travel to your home or hospital at a moment’s notice.