Car Accident Attorney in Lawrence, KS
When an accident that results in injury and property damage is the result of driver negligence, the victim may be able to recover compensation through a personal injury claim. A personal injury claim is a way for people who have been harmed by someone else’s reckless or careless behavior to hold accountable and recover monetary damages that compensate for any losses resulting from the accident. However, personal injury claims aren’t as simple as filing an insurance claim. Many factors contribute to the success of a claim. Make sure you have every advantage you need by consulting with a Lawrence car accident attorney as soon as possible after your car accident.
Most Common Reasons Car Accidents Occur in Lawrence
One of the fundamental elements of personal injury cases is negligence. Negligence is the reckless, careless, and sometimes even malicious behavior that leads to an accident and the subsequent harm caused to others and their property. Negligence in a car accident can look like this:
Driver Error
One of the most common reasons accidents occur is because of drivers failing to adhere to traffic laws and regulations meant to keep drivers safe. Examples of driver errors include:
- Failure to yield
- Tailgating
- Speeding
- Drunk driving
- Ignoring traffic signs
Driver error can be proven, but it often requires an extensive investigation of the accident to support the victim’s claim. An experienced lawyer can order your accident report and help you investigate the accident and the other driver’s behavior to collect evidence and build a strong claim on your behalf.
Distracted Driving
With the many digital devices available and calling our attention, drivers have endless distractions that can take their eyes off the road for a split second and result in severe accidents. People and other responsibilities can also take the driver’s attention away from the wheel. Common distractions include:
- Cell phones
- Putting on makeup
- Changing the music
- Other passengers talking
- Children
Distractions while driving are sometimes understandable, but they can have dire consequences. It’s important that drivers take the necessary precautions to prevent themselves from being distracted, and when they don’t, they can be held liable for the harm they cause.
Failing to Properly Service and Maintain a Car
Failing to properly maintain a car can lead to severe accidents. Cars need to have everything working well in order to function. When the wheels aren’t aligned, when the oil hasn’t been changed, or other services aren’t completed, a poorly serviced car can contribute to a serious accident.
Road Hazards
Drivers need the roads they are driving on to be safe and not contribute to the danger they already face from other drivers. However, sometimes roads are poorly maintained or poorly designed, and that can have dire consequences. Road hazards can be:
- Construction materials
- Debris
- Obstructed traffic signs
- Fallen tree branches
There may be more than one liable party in cases where a road hazard causes an accident. When there’s a possibility of more than one party being liable, the best thing to do is contact an attorney who can help ensure you’re filing your claim through the proper legal avenue.
Car Manufacturing Defect or Design Flaw
In some cases, car accidents may be the result of a unique class of litigation known as product liability. These types of cases arise when a defect or malfunction in a car causes an accident and results in injuries.
What Compensation Can You Recover After a Lawrence Car Accident?
In Lawrence car accidents, claimants can seek the recovery of economic and non-economic damages, which are referred to as compensatory damages, meaning they compensate a victim for the expenses and harm they have sustained because of the accident. Economic damages are tangible expenses victims may acquire because of their injury, such as medical bills. Non-economic damages are compensation for the impact that the injury has on the victim’s quality of life and are often not quantifiable, making it difficult to calculate.
Some of the expenses and impacts that are commonly compensated in a Lawrence car accident claim include:
Medical Expenses
Medical expenses can include the following:
- Emergency treatment
- Ambulance transportation
- Diagnostic testing
- Hospitalization
- Physical therapy
- Rehabilitation
- Mobility devices (crutches, wheelchairs, prosthetic limbs)
Generally, if the medical expenses are related to the injury sustained during the accident, they can be covered in a personal injury claim.
Lost Wages
If the victim’s injury results in them being unable to work, then those lost wages may be covered.
Loss of Future Earning Capacity
Loss of future earning capacity refers to compensation that is awarded when the injury the victim sustained results in permanent disability, meaning they can’t earn as much income as they once did.
Property Damage
Property damage generally refers to the cost of repairing or replacing the damaged vehicle, but it can also include other property damaged during the accident.
Pain and Suffering
Pain and suffering are non-economic damage that is not easily calculated because the nature of this concept is abstract. Establishing how much a victim can receive in pain and suffering requires a lot of experience and knowledge.
