After a car accident, focusing on recovery should be your main priority, but that can be difficult when you are looking into pursuing legal action. You deserve high-quality representation that will handle all aspects of your claim, so you can put your health first and reduce your stresses. At Hollis Law Firm, our personal injury attorneys are here to help you understand the worth of your case, identify a liable party, and fight for the compensation you deserve.
Our Kansas City car accident team provides top-notch and innovative legal services that allow us to build strong, effective cases. If you have suffered a personal injury in a car accident through no fault of your own, you have the right to contact us to help you determine the best path forward.
Types of Car Accidents that Happen in Kansas City
If you have driven in the Kansas City area, you understand how busy the roads can be, especially the highways. With so many factors that demand your attention and the higher speeds, the risk of an accident may increase. Kansas City car accidents often result from these challenging driving conditions, emphasizing the importance of driver precautions to enhance safety and reduce their occurrence.
Different car accidents you may find yourself in include the following:
- Hit-and-run accidents
- Motorcycle accidents
- Work zone accidents
- Sideswipe accidents
- T-bone accidents
- Rideshare accidents
- Head-on collisions
- Drunk driving accidents
- Rollover accidents
- Left turn accidents
- Truck accidents
After the accident, taking as many photos and videos of the scene, damage, and any insurance and paperwork may be beneficial. This can help your Kansas City car accident lawyer with your case and identify critical facts that may help achieve fair compensation. Regardless of the type of accident you were involved in, we may be able to help you file your claim and identify an at-fault party.
When Should You File a Car Accident Claim in Kansas City?
After sustaining injuries in a car accident, you have the right to pursue legal action and financial compensation. However, you only have a limited amount of time after the incident to file your insurance claims. In Kansas, there is a statute of limitations of two years to file your claim.
While this may seem like a long time, lengthy recovery and other delays can get in the way. In this case, having a car accident attorney may ensure you do not lose the opportunity to fight for the justice you deserve.
How Is Fault Determined in a Kansas City Car Accident?
Due to the unpredictable, chaotic nature of a car accident case, it can be challenging to determine an at-fault party on your own. Your version of the story may not match someone else’s, and the details become unclear. We may be able to listen to your story and gather evidence to determine who may be held liable for the accident. Potential at-fault parties can include the following:
- Another driver: If another driver was operating their vehicle recklessly or behaving negligently, they may be responsible for the accident. This includes driving under the influence.
- A pedestrian: If a pedestrian jaywalked, did not follow walking signals, or did not give you enough time to stop, they may be held accountable.
- Car manufacturer: Perhaps a defective part of a vehicle caused an accident. In this case, the manufacturer of that part could be held liable.
- A property owner or government agency: Property owners and government agencies are responsible for keeping their roads safe and free of debris. They may be held liable if a pothole or poor road conditions caused the accident.
- An employer: If a company vehicle driver was working when the accident occurred, their employer might be held accountable.
Please also keep in mind that Kansas is a modified comparative negligence state. This means that each party is assigned a percentage of fault in the case, and a party who is more than 50% liable for the incident will not be able to receive compensation for any losses.
Therefore, if the defendant is found 100% at fault, they must pay all damages. But, if you share a portion of the fault, your damages will be reduced. For example, if you are 20% at fault for the incident, your compensation will decrease by 20%. However, anyone who is more than 50% liable for the incident cannot receive compensation for damages, even if they also face serious injuries.
When you work with a Kansas City car accident lawyer, such as one from Hollis Law Firm, you will be better equipped to receive lower percentages of fault. This means you will be able to receive more complete compensation for any losses. Your injury lawyer will also help determine who is liable for your losses and help hold them accountable.
What Potential Damages Can You Recover After a Car Accident?
Dealing with the aftermath of your injuries from a car accident can be expensive, especially when considering medical expenses. You have the right to pursue financial compensation after the accident to recover your losses, which may include the following:
- Hospital bills
- Current and future medical bills
- Rehabilitation and other treatment
- Lost wages from missed work
- Property damage
- Pain and suffering
- Reduced quality of life
- Mental anguish
Because Kansas is a modified no-fault state, you do not have to turn to your insurance company to recover these damages. Instead, the liable party is responsible for compensating you. The at-fault party may also have to pay punitive damages if you can prove they acted with malicious intent.
Most Dangerous Intersections in Kansas City
There are many dangerous intersections in Kansas City, and you may find that every single one has its own sticking points and frustrations. However, certain intersections will still have more dangers and risks than others. These dangers will vary based on each intersection’s physical traits and the driving habits of the drivers who utilize them. The following intersections are most commonly noted as being dangerous in Kansas City:
- Westport Road and Southwest Trafficway
- East 39th Street and Gillham Road
- Southwest Trafficway and West 39th Street
- Roanoke Parkway, Belleview Avenue, and Ward Parkway
- Martin Luther King Jr. Boulevard, Cherry Street and Rockhill Road.
- Southwest Trafficway and W 39th St
Westport Road and Southwest Trafficway is the most notorious intersection for its dangers. Still, it is certainly not the only one responsible for serious vehicular accidents and injuries to victims. You are certainly not alone if you have gotten into an accident at one of these intersections. An attorney from Hollis Law Firm is here to support you.
Next Steps You Can Take After a Car Accident in Kansas City
If you have been involved in a car accident resulting in serious injuries, you are likely concerned about what steps to take next. However, we have some suggestions if you want to receive compensation for your losses, hold liable parties accountable, and take legal action to achieve these ends.
We recommend you utilize the following steps and strategies as you move forward:
Seek Medical Attention
We suggest you seek medical attention as soon as possible after your accident. Your doctor can assess your injuries, recommend treatment plans, and refer you to additional specialists. If you need help finding a trustworthy medical professional, reach out to an attorney for a referral or additional recommendations.
Follow Your Doctor’s Recommendations
As much as possible, follow your doctor’s suggestions for care after any office visits or treatments. Even if you have to take time off work, spend significant time in physical therapy, or go to many office appointments, you should follow your doctor’s recommendations.
Contact Law Enforcement
You are legally obligated to tell law enforcement about any accidents you have been in, especially if a vehicle is involved. This will serve as a vital basis for your claim. Law enforcement can also help with evidence collection and providing other relevant information.
Stay Offline and Log Out
Anything you search or post online may be used against you during legal matters. We suggest you stay offline as much as possible, even logging out and deactivating your accounts. Even when these searches or posts feel irrelevant to the claim, or if you think privacy settings protect you, the court has the right to access these pieces of information.
Avoid Discussing Legal Matters
While speaking with friends and family about your legal issues may feel cathartic, please do not do so. We recommend that you speak with an attorney, as you receive additional legal protections from within the lawyer-client relationship.
Provide Minimal Information to Insurance
Insurance companies do not have the victim’s best interests in mind, as they prioritize keeping as much of their money as possible. So, while speaking with insurance, only give them as little information as possible. They will quickly use any information you share with them against you, reducing the compensation they provide you as a result.
Talk to a Car Accident Lawyer in Kansas City Before Accepting Settlements
Car accident lawyers know that insurance companies can take advantage of individuals more easily when they don’t have legal support. By working with an attorney, insurance companies will have a more challenging time taking advantage of you, and you will be much more likely to receive complete compensation.
Retain Legal Support From a Lawyer
We suggest you retain legal support as soon as possible and follow any of your Kansas City car accident lawyer’s recommendations. In addition to our other suggestions, your attorney can provide thoughtful guidance based on your unique needs.
When you work with an attorney, you can receive tailored recommendations and suggestions for further next steps. A lawyer from Hollis Law Firm can help you navigate the hardships and provide a personalized approach in your time of need.
How Can a Car Accident Lawyer in Kansas City Help With Your Claim?
Because Kansas is a modified comparative negligence state, they may try to increase your percentage of fault or offer you unfair compensation. We understand how difficult it is to keep track of offers and counteroffers while balancing your medical needs. Fortunately, you do not have to do it alone. Our experienced team may be able to support you in the following ways:
- Performing a detailed investigation of your claim and gathering information
- Compiling evidence like police reports, medical records, paperwork, photos, and video footage
- Interviewing witnesses
- Negotiating with insurance companies for fair compensation
- Using legal knowledge to answer all your questions
- Accessing valuable resources like medical experts and car accident reconstruction specialists
With our skills, experience, and knowledge, we are well-equipped to help you recover compensation and manage all aspects of your claim from start to finish. Having us support you can alleviate your worries and improve your chances of a successful outcome.
Will Your Insurance Cover Damages After Another Driver Was in a Crash While Driving Your Car?
When an accident happens but you are not the one driving your car, you may wonder who will have to pay for the losses associated with the crash. In most cases, car insurance follows the car, not the driver. This means that the driver who borrowed your car that was involved in the accident also technically borrowed your insurance. This is not ideal, as it often means that even though you will not technically pay out-of-pocket for the losses caused by the crash, your insurance premium may go up as a result of the claim.
The types of car insurance that follow the car and not the driver include the following:
- Collision insurance
- Comprehensive insurance
- Property damage liability
Bodily injury liability insurance will pay for any injuries to the other driver, and property damage liability insurance will pay for damage to the other driver’s car. If the driver of your car caused damage that exceeds your coverage limits, their liability policy can act as secondary coverage. However, their coverage will only kick in after your policy’s limit has been reached.
Types of Insurance and Their Applicability
You will not need to use your personal injury protection coverage after someone causes an accident while driving your car because personal injury protection coverage, or PIP, follows the driver.Â
You will, however, use your own collision and comprehensive car insurance to pay for any damage to your car. These types of car insurance are optional. However, it is highly recommended that drivers carry this coverage because, if this scenario occurs, it will pay for your car to be fixed no matter who was driving.Â
If your car was involved in a car crash while being driven by another party, a trusted car accident lawyer in Kansas City can help you pursue the compensation you may be owed and work out who should be held liable for the losses caused by the accident.
Methods to Prove Texting While Driving
Texting while driving has become a pervasive and dangerous issue on roads worldwide, contributing to countless accidents and injuries. Proving that a driver was texting at the time of an accident is crucial for holding them accountable and seeking compensation for the damages incurred. Evidence demonstrating texting or phone usage can strengthen the case, allowing accident victims to seek compensation for medical expenses, lost wages, property damage, pain, and suffering. However, gathering evidence to substantiate texting while driving can be challenging. An attorney can help obtain the following evidence:
Eyewitness Testimonies
Eyewitness accounts from passengers, pedestrians, or other drivers can provide valuable information regarding the at-fault driver’s behavior, especially if they were seen using a phone moments before the accident occurred.
Phone Records and Data Retrieval
Obtaining phone records and data from the driver’s mobile service provider can provide concrete evidence of texting or app usage during the accident. This includes call logs, text messages, internet usage, and timestamps, which can establish a direct link between phone activity and the time of the collision.
Surveillance Footage
Video footage from traffic cameras, businesses, or nearby residences can serve as compelling evidence, capturing the driver engaging in phone activities just before the accident. Such footage can provide irrefutable proof of negligence.
Accident Reconstruction
Accident reconstruction experts can analyze the scene, vehicle damage, and eyewitness accounts to create a comprehensive picture of the accident. Their analysis can help establish the distracted driver’s actions leading up to the collision, including texting while driving.
Securing legal representation from an experienced personal injury attorney is crucial when proving texting while driving accident cases.Â
A skilled attorney possesses the knowledge and resources to gather, preserve, and present evidence effectively. They can work with accident reconstruction experts, subpoena phone records, and build a compelling case that proves the distracted driving behavior, ultimately strengthening your claim.
What Makes Single Vehicle Accidents Unique in Legal Terms?
Single-vehicle accidents generally differ from the typical car collisions most of us first consider. However, this does not mean there is only one involved party in a single-vehicle accident, as several factors outside the driver’s control will need to be considered. For example, a pharmacist who failed to disclose the drowsy effects of a new medication, a mechanic who made a mistake while assessing the vehicle, or another driver who dumped trash onto the road can all cause someone to get into an accident.
These non-present individuals might be called third parties, so you should work with a lawyer with experience holding third parties liable for their actions. We recommend you contact a Kansas City car accident attorney from Hollis Law Firm at your earliest convenience.
Who Is Liable for a Single Vehicle Accident When the Driver is Not At Fault?
Many parties might be liable for a single-vehicle accident, even if the driver of the involved vehicle is not. Please consider potentially involved parties before taking legal action, including but not limited to the following:
- Another driver
- Passengers or pedestrians
- City or state government
- Owner or renter of the property
- Employee or employer of the premises
- Designer or manufacturer of
- Parts
- Vehicles
- Equipment
- Medical providers
Many other individuals may need to be considered in your legal case, so we recommend you work with an attorney. A lawyer from Hollis Law Firm can help assess the situation, identify liable parties, develop a more extensive list of individuals and witnesses, and much more. Contact us as soon as possible to reduce potential stressors and simplify the legal process ahead of you.
Frequently Asked Questions About Kansas City Car Accident Claims
What should I do immediately after a car accident in Kansas City?
After a car accident, your priority should be your safety and health. Seek medical attention right away, even if your injuries seem minor. It’s also important to document the scene, gather evidence like photos, and exchange information with the other driver. Contact a Kansas City car accident lawyer to help you file your car accident claim, ensuring that you meet all legal deadlines and requirements.
How can a car accident lawyer Kansas City help me with my insurance company?
Car accident lawyers can handle negotiations with the insurance company on your behalf, ensuring that you receive fair compensation for your injuries and damages. Insurance companies often attempt to minimize their payouts to car accident victims. Having a lawyer manage your car accident claim helps protect your rights and prevents the insurer from using your statements or actions against you.
What are the common types of car accident injuries that victims face in Kansas City?
Car accident injuries can range from minor to life-threatening, depending on the severity of the collision. Common injuries include whiplash, fractures, concussions, and spinal cord injuries. Kansas City car accident victims may also suffer from long-term conditions, like chronic pain or disability, which can complicate their recovery and increase the need for compensation.
What types of damages can I recover from a car accident claim in Kansas City?
Kansas City car accident victims can recover damages for medical bills, lost wages, property damage, and pain and suffering. Depending on the case, you may also be entitled to compensation for reduced quality of life, mental anguish, and future medical expenses. An experienced car accident attorney in Kansas City can help you pursue these damages and negotiate with the at-fault party’s insurance company.
How long do I have to file a car accident claim in Kansas City?
In Kansas, car accident victims have two years from the date of the accident to file a car accident claim. While this may seem like ample time, delays in recovery or dealing with the insurance company can eat into this window. Consulting a car accident lawyer early ensures you meet deadlines and increases your chances of obtaining full compensation.
