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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, yet we often take for granted the risks associated with it as we fall into our daily routines. Negligence or carelessness while driving can lead to devastating consequences, not only for the drivers themselves but for everyone sharing the road. In many cases, victims of auto accidents are forced to deal with uninsured or underinsured drivers, complicating the claims process and making it more difficult to secure compensation for their injuries and damages.
Tragically, if a loved one dies in a car accident due to someone else’s negligence, the family may be entitled to file a wrongful death claim. This legal action can help families recover damages for funeral expenses, lost income, and emotional suffering. Losing a loved one in an accident is an unimaginable pain, and holding the responsible party accountable can provide some measure of justice and financial relief in such a difficult time. It’s crucial for families to consult with an experienced attorney to ensure they fully understand their legal rights.
Some of the most severe auto accidents are rollover accidents, which are particularly dangerous and often result in catastrophic injuries due to the force of the vehicle flipping over. The violent nature of these crashes frequently leads to traumatic brain injuries, spinal cord damage, or even death. Victims of rollover accidents may face lengthy recoveries, rehabilitation, and significant medical expenses, highlighting the need for skilled legal representation to pursue maximum compensation for their suffering.
Motorcycle accidents can be just as severe, if not more so, due to the lack of protection for riders compared to those in passenger vehicles. Motorcyclists are vulnerable to serious injuries such as fractures, head trauma, and internal injuries when involved in a collision. The consequences of these accidents are often life-altering, underscoring the importance of understanding the risks and seeking legal recourse if negligence by another driver causes the accident.
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 lawyer 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 provable 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.
