Distracted driving encompasses a range of activities that divert a driver’s attention away from the road, including texting, using a phone, eating, or even changing the radio station. These seemingly harmless actions can have devastating consequences, leading to accidents that cause injury, property damage, and even loss of life. The aftermath of such accidents can be overwhelming for victims and their families as they navigate the complexities of medical recovery, financial burdens, and the search for accountability.
With the bustling streets of Kansas City witnessing many accidents due to distractions behind the wheel, the importance of hiring specialized distracted driving accident attorneys to navigate the legal complexities cannot be overstated. At Hollis Law Firm, a deep integration of law and science underpins our approach to handling cases. Our firm prides itself on a thorough understanding of the legal and scientific aspects of each case, ensuring a comprehensive representation for all our clients. Contact Hollis Law Firm to retain support from a committed and formidable ally during your distracted driving accident claim.
Our experienced car accident lawyers are dedicated to securing compensation for victims, managing the entire legal process, and advocating for your rights.
Understanding Comparative Fault in Kansas
Whenever a claim is made within the Kansas personal injury legal system, the fault is allocated to every party involved. This allocation of fault is called comparative negligence or comparative fault and usually takes the form of a percentage. Generally, most vehicular accidents, including those caused by a distracted driver, fall under personal injury.
However, Kansas personal injury law uses modified comparative negligence, meaning only specific individuals can receive compensation for losses. In particular, if a party is allocated 50% or more of the responsibility for an accident and related injuries, they cannot receive any financial recovery through the legal system.
The comparative fault also determines how much compensation an individual can receive. If Party A and Party B get into a car accident, and Party B is found 80% responsible for driving while distracted, only Party A can receive compensation. This is because Party A is only 20% responsible for the accident and their injuries.
Distracted drivers are responsible for a significant number of accidents and injuries each year. If Party A faces $200,000 in damages relating to the accident, they cannot automatically receive 100% of the value of their case in compensation. Because Party A is 20% responsible for the accident, that 20% is deducted from the amount they can obtain. Therefore, Party B owes Party A up to $160,000 in compensation for the accident.
What Compensation Can You Seek After a Distracted Driving Accident?
Following a distracted driving accident, a victim will likely be eligible to receive compensation for their damages. If a victim can prove the other party is responsible for their severe injuries and losses, they can receive financial recovery for many of their losses.
The following losses generally qualify for compensation after a distracted driving accident:
- Pain and suffering
- Reduced earning capacity
- Property damage and loss
- Past and future medical expenses
- Lost wages, including future lost income and benefits
- Household out-of-pocket expenses
- Physical therapy
- Funeral costs
- Reconstructive surgery
- In-home rehabilitation
- Disability
- Rental car costs
- Court costs
- Attorney fees
- Travel expenses
- Motor vehicle repairs
- Ambulance ride
- Emergency medical treatment
- Change in lifestyle
- Loss of consortium or loss of companionship
- Emotional distress
- Loss of enjoyment of life or loss of personal enjoyment
- Punitive damages
Dealing with an insurance company can be challenging, and having skilled legal representation is crucial to secure the compensation you’re entitled to.
In some circumstances, additional losses may also qualify for compensation from the liable party. However, we recommend you work with an attorney to support your claim, such as a distracted driving accident lawyer from Hollis Law Firm. We can help identify additional qualifying losses, estimate the value of your claim, and obtain the complete compensation you deserve and require to heal.
Contact us today for a free consultation to discuss your case and explore your legal options without any financial obligation.
What Are Steps to Take After a Distracted Driving Accident?
Following a distracted driving accident, you may not know what steps you should take next. Car accidents can have serious consequences, including emotional and financial burdens. Legal matters can feel stressful, and you might feel concerned about making a mistake or losing out on the compensation you deserve. We recommend you utilize the following strategies during your legal claim:
- Seek medical attention as soon as possible
- Follow your medical provider’s recommendations for further care and treatment
- Take time off work, if necessary
- Stay offline and log out of social media accounts
- Avoid discussing your claim with others, even friends and family
- Collect and organize any evidence and documents relating to your claim
- Be careful when speaking to any insurance companies
- Avoid accepting settlement offers before you’ve talked to a lawyer
- Notify law enforcement of the accident if you have not already
- Retain legal support from a qualified distracted driving accident lawyer
- Follow your attorney’s recommendations for next steps
When you work with a qualified attorney, including a lawyer from Hollis Law Firm, you are far more likely to walk away with positive results and complete compensation. Driving lawyers play a crucial role in securing compensation and reducing litigation stress. By retaining our support, we can also make additional recommendations for the next steps tailored to your unique needs and circumstances.
Please refrain from representing yourself during your claim, as self-representation generally results in reduced compensation and increased stress. But when you work with Hollis Law Firm, you are more likely to receive a complete financial recovery, reduce anxiety related to your claim, and face less time in litigation. Please get in touch with us for additional information and to retain our support.
Frequently Asked Questions About Kansas City Distracted Driving Claims
What are common causes of distracted driving accidents in Kansas?
Distracted driving accidents in Kansas often stem from activities that divert attention, such as texting, talking on the phone, eating, or adjusting car controls. These distractions impair a driver’s reaction time, making it difficult to respond quickly to sudden changes in traffic, leading to increased accident risks. Kansas driving lawyers can assist victims in navigating these cases and pursuing fair recovery compensation.
What types of car accident injuries are common in distracted driving cases?
Car accident injuries in distracted driving cases vary but commonly include whiplash, broken bones, traumatic brain injuries, and spinal cord damage. Victims may also suffer emotional trauma, impacting their quality of life. Kansas driving lawyers can help evaluate these injuries and seek fair recovery compensation to cover medical expenses, lost wages, and ongoing care needs.
How does comparative fault impact compensation in Kansas distracted driving accidents?
Kansas uses a modified comparative fault system, meaning if a driver is found 50% or more at fault, they cannot receive compensation. If you’re less than 50% at fault, your compensation is reduced by your percentage of fault. For instance, if you’re awarded $100,000 but are 20% responsible, you’ll receive $80,000. Kansas driving lawyers can help clarify how fault percentages affect your claim.
What compensation can victims of distracted driving accidents in Kansas expect to receive?
Victims may be entitled to compensation for a variety of damages, including medical expenses, lost wages, pain and suffering, and property damage. Additional compensation may be available for emotional distress and lifestyle changes due to injuries. Consulting a Kansas driving lawyer helps ensure that all qualifying damages are considered for fair recovery compensation.
Why is driver’s reaction time so crucial in preventing distracted driving accidents?
Driver’s reaction time is essential for quickly responding to sudden road changes, such as a braking vehicle or pedestrian crossing. Distractions can delay this reaction time, increasing the likelihood of a collision. Kansas driving lawyers advocate for victims impacted by these delays in reaction time, helping them seek justice and compensation for their losses in distracted driving cases.
