Since injury claims and the legal work needed to pursue them can be challenging, we recommend hiring an experienced Wichita car accident lawyer at Mann Wyatt Tanksley Injury Attorneys to represent you. It’s helpful to have a skilled car accident lawyer on your side to negotiate for a fair settlement or file a lawsuit and seek justice for you in court, if necessary.

Help is just a phone call away. Call us or reach out to us online today for a free consultation with one of our knowledgeable car accident attorneys.

How Are Car Accidents Caused?

Collisions can happen anywhere and at any time. But driver negligence plays a role in most of them. Driver negligence can take many forms. Some of the most common causes of car accidents in Wichita include the following:

  • Distracted driving Distracted driving is the most common cause of car accidents across the United States. Some of the most common driving distractions include texting, talking on the phone, talking to passengers, eating and drinking, adjusting the radio or GPS, daydreaming, and reaching for a fallen item. When drivers take their attention off the road for even a few seconds, terrible accidents can happen.
  • Intoxicated driving Alcohol, drugs, and even some prescription drugs can impair a motorist’s judgment and ability to focus on driving. Drunk or drugged motorists may experience a slowed reaction time. They may not be able to adjust their speed in time to avoid a collision if they suddenly encounter a road hazard.
  • Speeding — Speeding increases the space a driver needs to slow down if they encounter an emergency. Driving around curves and avoiding hazards becomes more challenging at higher speeds. Driving too fast in hazardous conditions can also cause car accidents, even if the motorist doesn’t technically exceed the speed limit. For example, if a driver fails to adjust their speed to accommodate inclement weather, they are much more likely to hydroplane or lose control of their vehicle.
  • Tailgating Tailgating happens when one motorist follows another at an unsafe distance. The tailgating driver may not have enough time or space to stop if the driver in front suddenly brakes or traffic comes to a halt. Tailgating is one of the most common causes of rear-end car collisions.
  • Aggressive driving There are many types of aggressive driving. Road rage, illegal passing, cutting other motorists off, brake checking, swerving around other vehicles, not yielding the right-of-way, ignoring traffic signals, and using confrontational body language can all constitute aggressive driving and result in accidents.
  • Driver fatigue Drivers who get behind the wheel without being well-rested risk dozing off while driving. Driver fatigue can also manifest in other ways, such as drooping eyelids, repeated yawning, daydreaming, and drifting into other lanes. In many ways, the symptoms of driver fatigue are similar to those experienced by intoxicated drivers, especially an inability to judge traffic situations properly.

A compassionate car accident attorney in Wichita, KS can help you determine the cause of the accident and uncover crucial facts in your case. If you were seriously injured in the accident, it is vital to secure legal representation right away. Your Wichita car accident attorney can begin gathering evidence, including the police report, traffic camera footage, cell phone records, and witness testimonies.

Do I Need To Contact My Own Insurance Company After an Accident?

The aftermath of a car accident can be confusing and traumatizing for the victims. Knowing how to respond can give you peace of mind.

If you were involved in a Wichita accident, you must contact your insurance provider. Kansas is one of a handful of no-fault auto insurance states in the U.S. In a no-fault state, motorists typically must turn to their own insurance to get compensation for their financial losses. This coverage is known as personal injury protection (PIP) coverage.

Kansas state law requires motorists to carry a PIP policy that covers a minimum of:

  • $4,500 per person in medical costs
  • $4,500 for rehabilitative care
  • $900 per month for one year of lost wages
  • $2,000 in funeral and burial expenses
  • $25 per day for in-home services

However, you could quickly exceed your PIP policy limits if you are seriously injured in a car accident. In some cases, you can step outside the state’s no-fault insurance system and file a third-party insurance claim or personal injury lawsuit directly against the at-fault party. You may file a lawsuit if your medical costs exceed your total PIP coverage after a serious injury.

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What If the Other Driver Doesn’t Have Insurance?

If you were hurt in an accident caused by an uninsured or hit-and-run driver in Wichita, obtaining compensation from them can be next to impossible. Fortunately, there are still options available to you. Kansas requires all motorists to carry a minimum of $25,000 per person and $50,000 per accident in uninsured/underinsured motorist coverage.

Instead of taking legal action against the at-fault party for a serious injury, you would file a claim using your UI/UIM coverage. The minimum UI/UIM coverage is much higher than the minimum PIP coverage required by the state and should cover a significant portion of your expenses. Additionally, you can always purchase more coverage to increase your policy limits.

The Insurance Information Institute (III) estimates that over 10 percent of all drivers in Kansas are uninsured. Having this type of coverage can be a lifesaver if you are injured in a crash with an uninsured or underinsured motorist.

Can I File a Lawsuit After My Car Accident in Wichita, KS?

Thanks to Kansas auto insurance laws, you can bring a lawsuit after a car accident if someone else’s negligence caused the crash, your medical costs go beyond your PIP policy limits, and you suffered a serious injury.

Through a personal injury lawsuit, you could obtain additional compensation from the at-fault driver that is not available under your PIP plan. This compensation could be for non-financial damages, such as pain and suffering, emotional distress, and post-traumatic stress disorder (PTSD).

However, bringing a lawsuit can be challenging, especially if you don’t have a strong knowledge of personal injury law. To secure compensation through a lawsuit, you will have to prove that the other motorist was negligent in some way that led to the accident.

There are a few steps involved in establishing negligence:

  • Duty — You’ll need to prove that the at-fault motorist had a duty to operate their vehicle safely and prevent you from being harmed.
  • Breach — You must show that the motorist failed to fulfill this responsibility through negligence. For example, if the motorist was texting and not devoting their full attention to driving at the time of the accident, that would be considered negligent.
  • Causation — You need to demonstrate that the driver’s negligent actions led to the crash and your injuries. Your attorney might be able to use traffic camera footage to show that the driver was distracted by their phone, which directly contributed to the collision.
  • Damages The final component involved in establishing fault is demonstrating that you suffered compensable losses because of the crash. These losses could include medical expenses, lost income, pain and suffering, and loss of quality of life.

Contact a Car Accident Lawyer in Wichita, KS Today

If you were injured in a car accident in Wichita, you shouldn’t have to pay for someone else’s negligence. You deserve to be represented by a trusted legal team whose goal is securing the best possible outcome for you. Contact a Wichita car accident attorney at Mann Wyatt Tanksley Injury Attorneys today for a free case assessment.

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