Wichita Car Accident Attorneys
Call Us After Being in a Traffic Accident
If you've been involved in a car accident in Wichita, the road to recovery can be fraught with challenges. The experienced team of car accident attorneys at DiPasquale Moore is here to smooth that path for you and lead the way. With a proven track record and a relentless commitment to justice, we are prepared to advocate fiercely on your behalf. Our goal is to secure the maximum compensation you deserve, while you concentrate on healing.
Want a free consultation? Just dial (316) 600-0310 to begin.
Car Accidents Caused by Negligent Drivers
Every driver on the road has a duty of care towards other motorists, pedestrians, and cyclists. This means they are legally obligated to drive safely and responsibly, adhering to traffic laws, and taking necessary precautions to avoid harm to others. Failure to uphold this duty of care and causing a car accident can make that driver liable for the harm they cause to others.
Common causes of car accidents due to negligent driving include:
- Drunk driving: Operating a vehicle under the influence of alcohol or drugs impairs a driver's ability to make sound judgments, react quickly, and control their vehicle, making them a significant risk on the road.
- Distracted driving: This includes any activity that diverts attention from driving, such as talking or texting on the phone, eating, talking to passengers, or adjusting the stereo or navigation system.
- Speeding: Driving above the speed limit is a dangerous practice that reduces a driver's ability to steer safely around curves or objects in the roadway, extends the distance necessary to stop a vehicle, and increases the distance a vehicle travels while the driver reacts to a dangerous situation.
- Vehicle defects: Sometimes, a defect in a vehicle, such as faulty brakes, poor tire quality, or a malfunctioning steering system, can cause an accident, which complicates the question of liability.
Compensation for Car Accident Claimants
In Kansas, if you have suffered injuries due to a car accident, there are several types of compensation (also known as "damages") that you may be able to recover through a successful claim. Our Wichita car accident attorneys would be happy to sit down with you and review what damages might be available to you based on the specific circumstances of your case.
Damages in a car accident claim can include:
- Medical expenses: This can cover the costs of emergency room visits, hospitalization, surgery, medication, physical therapy, and any future medical costs related to the accident.
- Lost wages: If your injury caused you to miss work or reduced your ability to earn income in the future, you could be compensated for these losses.
- Pain and suffering: These damages compensate for the physical pain and emotional distress experienced as a result of the accident.
- Loss of enjoyment of life: If your injuries prevent you from enjoying day-to-day activities or hobbies that you once participated in, you may be entitled to this type of compensation.
- Property damage: This includes compensation for repairs to your vehicle or the replacement value if it was totaled in the accident. A property damage claim is technically handled separately from an injury claim.
Remember, each car accident case is unique and the types and amounts of compensation available will depend on the specifics of your situation. Please consult with our attorneys to understand your rights and potential options.
Kansas Modified Comparative Negligence Rule
Kansas follows the "modified comparative negligence" rule in car accident cases. This rule allows you to recover damages in a car accident claim even if you were partially at fault, as long as your share of the blame is less than 50%. The court will determine the percentage of fault for each party involved in the accident. If you're found to be partially at fault, your compensation will be reduced by your percentage of fault.
For example, if you have $100,000 in damages and are found to be 20% at fault, your damages will be reduced by 20%, leaving you with $80,000. However, if you're found to be 51% or more at fault, you would not be able to recover any damages under Kansas law.
When You Need Legal Help, Call DiPasquale Moore
Our seasoned team of Wichita car accident attorneys is committed to upholding your rights and helping you navigate the complex legal landscape after a crash. We understand the immense strain that comes with an auto accident, and we are here to alleviate that burden, fighting tirelessly for the compensation you deserve. Reach out for a free consultation today and take the first step on your path to justice and recovery. With us in your corner, you're never alone in this fight.
Talk to our team today – just dial (316) 600-0310.
Wichita Car Accident FAQ
Should I see a doctor after a fender bender?
We recommend that you see a doctor after a fender bender, even if you feel fine immediately after the incident. Some injuries, such as whiplash or concussions, may not present obvious symptoms immediately but can have serious long-term effects if left untreated. A medical professional will be able to assess any potential injuries and provide necessary treatment promptly. Additionally, having a medical record documenting your condition after the accident can be invaluable if you need to pursue an insurance claim or legal action later on.
Can passengers start car accident claims?
Yes, passengers involved in car accidents have the right to start claims for their injuries. They can file a claim against the insurance policy of the driver at fault, whether that's the driver of the vehicle they were in or another vehicle involved in the accident.
What happens if the at-fault driver doesn’t have insurance?
If the at-fault driver doesn't have auto insurance, you may need to turn to your own insurance policy for compensation, particularly if you have uninsured/underinsured motorist (UM/UIM) coverage. This type of coverage is designed to protect you in situations where the at-fault driver is uninsured or their insurance is insufficient to cover your damages. If you don't have UM/UIM coverage or it's not enough to cover all your costs, you may need to consider filing a lawsuit directly against the at-fault driver. However, collecting damages can be challenging, especially if the at-fault driver lacks the financial resources to pay. It's advisable to consult with an attorney to understand your options in such scenarios.
How much time do I have to file a car accident claim in Kansas?
In Kansas, you have a limited timeframe, known as the statute of limitations, to file a car accident claim. Typically, you have just two years from the date of the accident to file a lawsuit. Keep in mind that you could have only a few weeks – or less – to file an insurance claim, which is not the same as an injury claim.