As drivers, we all have a duty of care to pay attention and act safely and responsibly while behind the wheel. Driving is the most dangerous thing most of us do on a daily basis. However, we too often forget the risks as we fall into our daily routines.
The elements of an auto accident claim are the same as those for other types of personal injury claims under Kansas law:
In some cases, a breach of duty is obvious, such as a drunk driver who causes a serious accident. However, in many cases, causation is less obvious and blame may even be shared. An at-fault insurance carrier makes its own determination. Many people are surprised to learn an insurance company’s decision may differ from determinations of law enforcement at the scene, even if citations were issued. Additionally, an insurance carrier is always looking for ways to reduce the cost of a claim, either by challenging fault or by challenging the resulting damages.
At Riedmiller, Andersen and Scott LLC, our veteran Wichita car accident lawyers believe victims and families deserve immediate access to experienced legal help without concerns over upfront costs or other barriers that would otherwise put them at a disadvantage when dealing with large insurance corporations and their attorneys. That’s why we offer confidential consultations and accept clients on a contingency fee basis, which means we get paid only when we are successful in winning compensation for you and your family.
Early consultation with an experienced car accident law firm in Wichita is the best thing you can do to protect your rights and the financial well-being of you and your family. In fact, in most cases where an at-fault insurance company is notified a victim is represented by a lawyer, the claim is transferred to an entirely different team because an insurer realizes a victim is being represented by a law firm that understands victim’s rights.
It’s important to understand that even in cases where a victim is found partially at fault for an accident, or resulting damages, he or she may still be entitled to collect damages from other at-fault parties. KS Stat § 60-258a outlines comparative negligence under Kansas law, which permits victims to pursue damages as long as an at-fault party’s negligence is greater than a victim’s. In such cases, a victim’s damage award may be reduced based on their proportional fault.
Common negligence in car accident claims include:
In addition to determining all of the parties responsible for an accident and resulting injury, your Wichita car accident attorneys must also determine the full extent of your damages. This includes both economic damages, such as medical bills and lost wages, as well as non-economic damages like pain and suffering. Only with a solid claim of proveable negligence and provable damages can your chosen law firm expect to succeed in the negotiating room or the courtroom.
The Wichita car accident lawyers at Riedmiller, Andersen and Scott LLC represent injury victims and their families in Wichita, Kansas and the surrounding areas, including Valley Center, Park City, Kechi, Bel Aire, Eastbourough, Andover, Derby, Newton, El Dorado, Arkansas City, Winfield, Haysville, Goddard and Maize. For a confidential consultation to discuss your rights call 316-648-1369.